OCTOBER TERM,
Transcript of OCTOBER TERM,
I JU«^k> £j£
OCTOBER TERM, 1953
STATISTICS
Original AppellateMiscella-neous
Total
Number of cases on docketsCases disposed of__
Remaining on dockets _ _
11
0815694
637609
1, 4631,303
11 121 28 160
Cases disposed of—Appellate Docket
:
By written opinions 84
By per curiam opinions 86
By motion to dismiss or per stipulation (merit cases) 2
By denial or dismissal of petitions for certiorari 522
Cases disposed of—Miscellaneous Docket
:
By written opinion 0
By per curiam opinion 0
By denial or dismissal of petitions for certiorari 507
By denial or withdrawal of other applications 92
By transfer to Appellate Docket 10
Number of written opinions 65
Number of printed per curiam opinions 11
Number of petitions for certiorari granted 88
Number of appeals in which jurisdiction was noted or post-
poned 31
Number of admissions to bar (133 admitted April 26) 1, 557
REFERENCE INDEX
PageCourt convened October 5. (President Eisenhower attended.)
Vinson, C. J., death of (Sept. 8, 1953) announced- 1
Warren, C. J., commission (recess appointment) read and oath
taken (Oct. 5, 1953);permanent commission recorded and
oath taken March 20, 1954, filed 1, 181
Statement by Chief Justice as to his nonparticipation in mat-ters considered at first conference 6
Reed, J., temporarily assigned to Second Circuit 204Herbert Brownell, Jr., Attorney General, presented 2
269533—54 71
n
Pag*
Simon E. Sobeloff, Solicitor General, presented 150
Allotment of Justices 28
Attorney
:
Change of name 147
Withdrawal of membership (Roscoe B. Stephenson) 235
Counsel appointed (121) 4
Special Master—pleadings referred to. Report received,
ordered filed and approved (5 Orig.) 128, 187,244
Rules of Supreme Court—Revised Rules adopted April 12 to
becomes effective July 1 193-194
Rules of Criminal Procedure—Rule 37 amended 194
Judgment announced—no opinion of the Court (14 and 40-41,
12, 11) 89,145,187
Judgment affirmed by equally divided Court (300) — 119
Judgment affirmed on jurisdictional statement with one Justice
filing a dissenting opinion (557-8) 187
Judgment of "three-judge court" affirmed where appeal hadbeen taken from order dissolving itself and also from order
of single judge dismissing complaint (625) 218
Judgment vacated on jurisdictional statement with three Jus-
tices dissenting and noting their vote to postpone question
of jurisdiction (501) 146
Judgment reversed on jurisdictional statement (323) 53
Judgment vacated on petition for certiorari and case remandedto Court of Appeals with instructions to amend its judg-
ment (114, see opinion) 6
Judgment vacated on petition for certiorari in light of recent
decision (49) 6
Judgments vacated on petitions for certiorari and cases re-
manded "for consideration in the light of the Segregation
Cases" (9, 85, 595) 226Judgment reversed on petition for certiorari where Court ofAppeals had dismissed appeal as premature (109, see
opinion). ($
Judgment reversed on petition for certiorari citing Hoiness v.
U. S., 335 U. S. 297 (375) 91Judgment reversed on petition for certiorari citing recent
decision (81, 48) 107, 126Judgment reversed on petition for certiorari without citation of
authority, three Justices dissenting (471) 234Judgment reversed on confession of error (468, 318) 133, 146
Ill
Amicus curiae : Page
Solicitor General invited to file brief (228, 188) 10, 127
Attorneys General of states requiring or permitting segre-
gation in public education permitted to appear ( 1 etc. )— 217
Motion for leave to file brief granted (464) 210
Argument directed to certain questions (195. 1 etc.) 8,217
Argument pro hac vice (31, 38) 40,42
Reargument ordered (1 etc., 67) 217,244
Rule to show cause why case not moot (531, see opinion ) 218, 234
Motion to file complaint continued until conclusion of litiga-
tion in Texas courts ( Orig. Arkansas v. Texas, see
opinion) 66
Costs—motion as to, granted (87) ; denied (19, 184, 196} 153
Fees—motion to fix attorney's fee granted (417) 199
Damages—motion for, denied (342) 66
Motion to use multilith records on merits denied (423) 108
Stay granted (Tureaud v. Board) 66
Stay denied (Irwin) 244
Temporary restraining order denied (Butler) _— 218
Bail granted (407) (366. with three Justice- voting to deny
"without prejudice to an application to proper authority") 67, 74
Bail—application dismissed as moot: administrative bail
granted after application filed (Pino) 226
Habeas corpus—motion to file denied with two Justices noting
their vote to grant or in alternative to deny only without
prejudice to file petition in U. S. D. C. (178 Misc., con-
viction by U. S. Court in Germany) 121
Mandamus
:
Motion to file denied with two Justices noting their vote to
issue a rule (235 Misc.) 82
Motion to file denied without prejudice to apply to
U. S. C. A. (314 Misc.) 252
Appeal from and petition for certiorari to U. S. Court of
Appeals—jurisdiction postponed and certiorari grs
(29)___ 210
Certiorari
:
Granted limited to one of several questions presented
(404). Note.—Practice adopted of quoting questions
verbatim rather than referring to them by number 75
Order denying vacated and certiorari granted where re-
hearing in companion cases granted (418) 128
Order denying vacated and case restored to docket wherecertiorari granted in related cases (164, 259, 414) 246
Order granting vacated where submission had been
premature (352) 102
IV
Certiorari—Continued Page.
Denied with one Justice filing a memorandum (113) 20
Denied for reason judgment based on non-Federal ground
adequate to support it (3 Misc.) 93
Denied for reason judgment based on state procedural
ground adequate to support it (28 Misc.) 120
Denied without prejudice to initiate a new proceeding
alleging refusal to allow an appeal (115 Misc.) 249
Denied for reason application not made within time pro-
vided by law (27 Misc., 40 Misc., 43 Misc., 63 Misc., 78
Misc., 23 Misc., 98 Misc!, 65 Misc., 571) 27, 40, 50, 201
Writ dismissed "the argument having developed the unde-
sirability of deciding the questions in this case on the
pleadings" (423) 168
Rehearing
:
Granted and order granting certiorari vacated where peti-
tion was submitted prematurely, one of two respondents
not having filed its brief, certiorari later granted (352) 102
Granted where certiorari granted in related cases (510)— 244
Granted (280-281) 127
Denied with one Justice filing a memorandum (24 etc.) 228
Denied with one Justice filing a separate opinion (422
O. T. 1952) 22
Petition continued (5 Misc. O. T. 1952) 249
Order suspending call of docket entered April 26; arguments
completed April 28 204
Order fixing adjournment date 222
Final order—June 7, 1954 252
U. S. GOVERNMENT PRINTING OFFICE : 1984
MONDAY, OCTOBER 5, 1953 1
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Mr. Justice Black said
:
"With deep sorrow the Court records at this time the sudden and
unexpected death on September 8, 1953, of our Chief Justice, Fred
M. Vinson. Death came in his 63d year. Most of his life was spent
in fine public service for his State and his Nation, both of which he
loved and served with passionate devotion. Since 1946—seven years
—
he worked with us as Chief Justice. His services here, as in the manyother public jobs he held, were able and unselfish. His colleagues of
this Court respected him for his integrity and ability. They loved
him for his kindness, sympathy, understanding, and fairness. Wejoin the Nation in lamenting the death of this capable and loyal
public servant. We, his brethren of the Court, also mourn the loss
of a congenial and treasured friend. At an appropriate time the
Court will receive resolutions in tribute to his memory. Now the
business of the Court goes on.
"The President has appointed Earl Warren of California to be
Chief Justice. His credentials have been presented and he has taken
his constitutional oath. His commission will now be read, the judicial
oath administered by the Clerk, and Mr. Warren will then take his
place as The Chief Justice of the United States."
The Clerk then read the commission as follows :
"DWIGHT D. EISENHOWER
"PRESIDENT OF THE UNITED STATES OF AMERICA
"To All Who Shall See These Presents, Greeting:
"Know Ye : That reposing special trust and confidence in the Wis-dom, Uprightness, and Learning of Earl Warren, of California, I doappoint him Chief Justice of the United States, and do authorize andempower him to execute and fulfil the duties of that office accordingto the Constitution and laws of the said United States, and to Haveand to Hold the said Office, with all the powers, privileges, and emolu-ments to the same of right appertaining, unto Him, the said EarlWarren, until the end of the next session of the Senate of the UnitedStates and no longer
;subject to the provisions of law.
£69533—53 J
MONDAY, OCTOBER 5, 1953 2
"In testimony whereof, I have caused these Letters to be madepatent and the seal of the Department of Justice to be hereunto
affixed.
"Done at the City of Washington this second day of October, in
the year of our Lord one thousand nine hundred and fifty-three, and
of the Independence of the United States of America the one hundred
and seventy-eighth.
"Dwight D. Eisenhower.
"By the President
:
"Herbert Brownell, Jr.,
"Attorney General?
The oath of office was then administered by the Clerk, and Mr. Chief
Justice Warren was escorted by the Marshal to his seat on the bench.
Mr. Acting Solicitor General Stern presented the Honorable Her-
bert Brownell, Jr., Attorney General of the United States.
The Chief Justice said
:
"Mr. Attorney General, the Court welcomes you to the perform-
ance of the important duties which devolve upon you as the chief lawofficer of the Government, and as an officer of this Court. Your com-
mission will be recorded by the Clerk."
Warren Olney III, of Berkeley, Calif., and Stanley N. Barnes, of
San Marino, Calif., on motion of Mr. Vice President Richard M.Nixon
;Eugene Francis Mullin, Jr., of Washington, D. C, on motion
of Mr. Charles Sylvanus Rhyne; Ewell C. Orme, of Troy, Ala., Jesse
M. Williams, Jr., of Montgomery, Ala., and Paul P. Benjamin of
Los Angeles Calif., on motion of Mr. Acting Solicitor General Robert
L. Stern ; Samuel I. Barchas, of Los Angeles, Calif., on motion of Mr.
Gerhard Van Arkel; Tom Killefer, of Washington, D. C, on motion
of Mr. William A. Sutherland; A. Andrew Hauk, of Los Angeles,
Calif., on motion of Mr. Frank B. Belcher;Perry William Morton,
of Lincoln, Nebr., on motion of Mr. James Lee Rankin ; Edwin Long-
cope, of New York, N. Y., on motion of Mr. J. Frank Staley ; John W.Lowe, of Salt Lake City, Utah, on motion of Mr. Edwin C. Blanchard
;
Theodore A. Horn, of Los Angeles, Calif., on motion of Mr. James P.
Burns; Elmer H. Wiblishauser, of St. Paul, Minn., on motion of Mr.
Felix A. Russell ; Robert Douglas Armstrong, of Indianapolis, Ind.,
on motion of Mr. Moultrie Hitt ; Jacob Goldberg, of Washington, D. C.,
on motion of Mr. Howard E. Wahrenbrock; Seymour Martinson,
MONDAY, OCTOBER 5, 195 3 3
of New York, N. Y., and Edward Martinson, of New York, N. Y.,
on motion of Mr. Frederic A. Johnson ; Junius J. Howe, of Suffern,
N. Y, and Romeo R. Napolitano, of Ramsey, N. J., on motion of Mr.
Joseph B. Friedman; Ralph H. Faiella, of Brooklyn, N. Y., andDolores Lyons Ambrose, of Patchogue, N. Y., on motion of Mr.
Howard Wilmurt Ameli ; John T. Gaffney, of Boston, Mass., on mo-tion of Mr. Herbert N. Maletz ; Salvatore J. Leombruno, of Glens Falls,
N. Y., and John S. Hall, of Athol, N. Y., on motion of Mr. Joseph
Hilton Fisher; John K. Pickens, of Washington, D. C, on motion of
Mr. Jerry N. Griffin; A. Simpson Williams, Jr., of Richmond, Va.,
on motion of Mr. Henry Norment Custis ; Lemuel D. Sanderson, of
San Francisco, Calif., on motion of Mr. Hugh T. Fullerton ; ThomasM. Fagan, of Winston-Salem, N. C, and Albert E. Wool, of New York,
N. Y., on motion of Mr. Albert M. Kuhfeld ; Robert J. McLean, of
New York, N. Y., on motion of Mr. Jeremiah C. Waterman ; I. HarryGoodley, of Los Angeles, Calif., and Benedict Thomas Harter, of
Arlington, Va., on motion of Mr. Daniel E. Mulhern ; Mildred Rack-
nor, of Washington, D. C, on motion of Mr. M. T. Fisher; HenryLouis Bear, of Lynwood, Calif., on motion of Mr. Robert T. Murphy
;
Paul R. Matthews, of Los Angeles, Calif., on motion of Mr. Northcutt
Ely ; Wilfred T. McQuaid, of Baltimore, Md., on motion of Mr. Wm.Taft Feldman; George Lessall, of New York, N. Y., and Jacob Krisel,
of New York, N. Y., on motion of Mr. William B. Wolf; Marshall
Hornblower, of Washington, D. C, on motion of Mr. Philip Brans-
field Brown; Sidney Friedman, of New York, N. Y., on motion of Mr.
Charles Samenow; Lyndsay D. Hawkins, of Breckenridge, Tex., on
motion of Mr. Leslie C. Garnett; Herbert Edwin Witz, of Baltimore,
Md., on motion of Mr. William J. Rowan, Jr.; Harold A. Segall,
of New York, N. Y., and Phil Edward Gilbert, Jr., of New York,
N. Y., on motion of Mr. Bennett Boskey; Josiah T. Bullington, of
Hillsboro, 111., and Anna Rosina Bullington, of Washington, D. C,on motion of Mr. Horace Bonar Ritchie, Jr. ; Charles F. White, of
Chicago, 111., and Patrick J. Cronin, of Chicago, 111., on motion of Mr.
William Simon; Harry E. Taylor, Jr., of Washington, D. C, on
motion of Mr. John H. Burnett; Travis Kirk, of Dallas, Tex., on mo-tion of Mr. George Morris Fay; Ralph Edwin Wilson, of Osceola,
Ark., and James E. Hyatt, Jr., of Osceola, Ark., on motion of Mr.
Charles W. Mehaffy; James H. Michael, Jr., of Charlottesville, Va.,
on motion of Mr. Charles Pickett ; Lawrence J. Bettendorf , of Falls
Church, Va., on motion of Mr. Samuel D. Mcllwain; Edward L. Mer-rigan, of Chevy Chase, Md., on motion of Mr. Sanford H. Bolz; Perry
S. Patterson, of Sandy Spring, Md., on motion of Mr. Chauncey P.
Carter, Jr. : Thomas H. Carver, of Alameda, Calif., on motion of Mr.
J. Roger Wollenberg; John Wildenthal, Jr., of Cotulla, Tex., on mo-tion of Mr. Arthur C. Perry; J. Clarence Herlihy, of Glens Falls,
MONDAY, OCTOBER 5, 1953 4
N. Y., on motion of Mr. Charles M. Metzgar; Samuel Schacter, of
Brooklyn, N. Y., and Joseph T. Arenson, of New York, N. Y., on
motion of Mr. George M. Szabad ; Emmet V. Mittlebeeler, of Louis-
ville, Ky., on motion of Mr. Elmore Whitehurst; and William C.
Bauknight, Jr., of Alexandria, Va., on motion of Mr. Sidney S. Sachs,
were admitted to practice.
No. 121. Sam Walder, petitioner, v. United States of America. It
is ordered that Paul A. Porter, Esquire, of Washington, D. C, a
member of the Bar of this Court, be appointed to serve as counsel for
the petitioner in this case.
Adjourned until Monday, October 12, next, at 12 o'clock.
The day call for Monday, October 12, will be as follows : Nos. 13,
14, 40 (and 41), 15, 16, 17, 18, 23, 25, and 20.
X
MONDAY, OCTOBER 12, 1953
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
William H. K. Donaldson, of Salem, Mass., on motion of Mr. Acting
Solicitor General Robert L. Stern; Adrian S. Fisher, of Memphis,
Tenn., on motion of Mr. W. Graham Claytor, Jr.;Harry E. Wareham,
of Hartford, Conn., and J. Welles Henderson, of Philadelphia, Pa.,
on motion of Mr. Joseph W. Henderson;Shelby Myrick, of Savannah,
Ga., and Shelby Myrick, Jr., of Savannah, Ga., on motion of Mr. Carl
J. Batter; George P. Dillard, of Decatur, Ga., and Lamar Wheeler
Sizemore, of Waverly Hall, Ga., on motion of Mr. Marmaduke Harde-
man Blackshear ; Robert L. Kahn, of Chicago, 111., on motion of Mr.
Bernard A. Stol ; William H. Holloway, of Austin, Tex., on motion
of Mr. David B. Irons; Jack Charles Dixon, Jr., of Birmingham,
Ala., on motion of Mr. Albert J. Clark; Warren Daane, of Cleveland,
Ohio, on motion of Mr. Benj. F. Fiery; John G. Cross, of Detroit,
Mich., on motion of Mr. Charles Trowbridge Tittman; AbrahamDavis Slavitt, of Norwalk, Conn., on motion of Mr. John A. Ryan;Sidney W. Kaufman, of Los Angeles, Calif., on motion of Mr. HenryJ. Fox; Laurence A. Schroeder, of Miami, Fla., on motion of Mr.
Miller Walton; Richard Hinch Shults, of Batavia, N. Y., on motion
of Mr. William H. Dorsey, Jr.;Byron Nicholson Scott, of Washing-
ton, D. C, and Richard Amd Mehler, of Washington, D. C, onmotion of Mr. Rowland F. Kirks ; William J. Clark, of San Gabriel,
Calif., and Harold M. Davidson, of Alhambra, Calif., on motion of
Mr. Philip F. Dodson;Harvey R. Klein, of Miami, Fla., on motion
of Mr. Barney Joseph Keren; Samuel Kalmanash, of New York,
N. Y., on motion of Mr. Joseph Rotwein;Edgar R. Minnich, of Wells-
burg, W. Va., on motion of Mr. Stanley Walker Jones ; William H.Brown, of Detroit, Mich., on motion of Mr. Harold D. Beaton;
Emanuel H. Horn, of Baltimore, Md., Michael J. Kunstler, of NewYork, N. Y., and William M. Kunstler, of New York, N. Y., onmotion of Mrs. Muriel S. Paul; James V. McCandless, of Los Angeles,
Calif., on motion of Mr. Darwin Charles Brown; and William W.Golub, of New York, N. Y., on motion of Mr. Harold Leventhal, wereadmitted to practice.
269533— 531
MONDAY, OCTOBER 12, 195 3 6
Mr. Chief Justice Warren made the following statement:
"The Chief Justice having taken office on the day the matters to be
reported on today were considered by the Court in conference, and
having no familiarity with the records, did not participate in con-
sideration of them.
"Mr. Justice Black will speak for the Court."
No. 109. Ralph G. Lemke, petitioner, v. The United States of
America. On petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit. Petition for writ of cer-
tiorari granted. Judgment reversed and case remanded to the Court
of Appeals for further proceedings consistent with the opinion of
this Court. Opinion per curiam announced by Mr. Justice Black.
No. 114. Federal Trade Commission, petitioner, v. Carter Prod-
ucts, Incorporated. On petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit. Petition for writ
of certiorari granted. Judgment of the Court of Appeals vacated
and cause remanded to that court with directions to reinstate its
prior judgment and order after amending it so that it specifically
authorizes the Federal Trade Commission to open this proceeding
for further evidence and a new order consistent with the Court of
Appeals opinion herein. Opinion per curiam announced by Mr. Jus-
tice Black. Dissenting : Mr. Justice Douglas.
Mr. Justice Black said
:
"The other orders of the Court appear upon the list certified by Mr.
Justice Black and filed with the Clerk and will not be announced
orally."
No. 49. United States of America, petitioner, v. Carroll Construc-
tion Company and the State of Washington. On petition for writ
of certiorari to the Supreme Court of Washington. Per Curiam: Thepetition for writ of certiorari is granted. The judgment is vacated
and the case is remanded for consideration in the light of United
States v. Gilbert Associates, 345 U. S. 361. Mr. Justice Reed andMr. Justice Jackson dissent. They are of the opinion that United
States v. Gilbert Associates is not pertinent.
No. 71. E. B. Arender, Marcus N. Strong, Neal McEacharn, Jr.,
et al., appellants, v. Kingwood Oil Company et al. Appeal from the
Supreme Court of Louisiana ; and
No. 151. Eva Simpson, Betty Burrell, and Grace Proudfoot, etc.,
et al., appellants, v. City of Los Angeles, George E. Uhl, Richard L.
Bonner, et al. Appeal from the Supreme Court of California. Per
MONDAY, OCTOBER 12, 1953 7
Curiam: The motions to dismiss are granted and the appeals are
dismissed for the want of a substantial federal question.
No. 123. Millie Kristof Kalmane, also known as Kalman Kristof,
appellant, v. L. Lawrence Green, as Executor of .Julia Braier, also
known as Julie Braier. Appeal from the Court of Appeals of NewYork. ; and
No. 238. Charles B. McGee, appellant, v. State of North Carolina.
Appeal from the Supreme Court of North Carolina. Per Curiam:
The appeals are dismissed for want of a substantial federal question.
No. 131. John Collins, appellant, v. The People of the State of
California. Appeal from the District Court of Appeal of California,
Second Appellate District. Per Curiam: The motion for leave to
proceed in forma pauperis is granted. The appeal is dismissed for
want of jurisdiction. 28 U. S. C. 1257 (2). Treating the papers
whereon the appeal was allowed as a petition for writ of certiorari as
required by 28 U. S. C. 2103, certiorari is denied.
No. 144. Pond Creek Pocahontas Company and National MineService Company, appellants, v. Arch J. Alexander, Individually and
as Chief of the Department of Mines of the State of West Virginia,
et al. Appeal from the Supreme Court of Appeals of West Virginia.
Per Curiam: The motion to substitute Joseph J. Bierer, present Chief
of the Department of Mines of the State of West Virginia, as a party
appellee in the place and stead of Arch J. Alexander, is granted. Theappeal is dismissed for the want of a substantial federal question.
No. 183. Houston Fire & Casualty Insurance Company, appellant,
<v. The United States of America and Interstate Commerce Commis-sion. Appeal from the United States District Court for the Northern
District of Texas. Per Curiam: The motion to affirm is granted and
the judgment is affirmed. Mr. Justice Black is of the opinion that
probable jurisdiction should be noted and the case set down for oral
argument.
No. 256. Truman Elvy Denny and Delmer Elvy Denny, appellants,
v. D. D. Watson, Real Estate Commissioner of the State of California,
et al. Appeal from the District Court of Appeal of California, Sec-
ond Appellate District. Per Curiam: The appeal is dismissed.
No. 268. John Daniel Brown, appellant, v. People of the State of
Illinois. Appeal from the Supreme Court of Illinois. Per Curiam:The motion for leave to proceed in forma pauperis is granted. Theappeal is dismissed for the want of a substantial federal question.
No. — Original. The State of Arkansas, complainant, v. The State
of Texas et al. This case is set for hearing on the motion for leave to
file the complaint and return to rule to show cause, each side to be
allowed thirty minutes for oral argument.
MONDAY, OCTOBER 12, 195 3 8
No. 11. Maryland Casualty Company et al., petitioners, v. Gertrude
Picard dishing et al. The motion for leave to file brief of Samuel B.
Bassett and Stephen V. Cary as amici curiae is denied.
No. 12. Patrick E. Irvine, petitioner, v. People of the State of Cali-
fornia. The petition for leave to proceed on the typewritten record
is granted.
No. 39. Anthony Wilko, petitioner, v. Joseph E. Swan et al., Indi-
vidually and Doing Business Under the Firm Name and Style of
Hayden Stone and Co., et al. The motion of the petitioner for leave
to proceed further in forma pauperis is granted. The motion of the
Solicitor General, on behalf of the Securities and Exchange Commis-
sion, for leave to appear and present oral argument as amicus curiae
is granted.
No. 69. Dr. Edward K. Barsky, appellant, v. The Board of Regents
of the University of the State of New York. In this case probable
jurisdiction is noted. The motion for leave to file brief of HavenEmerson and others as amici curiae is denied.
No. 115. Kern-Limerick, Inc., and United States of America, ap-
pellants, v. Carl F. Parker, Commissioner of Revenue for the State
of Arkansas ; and
No. 163. Railway Express Agency, Incorporated, appellant, v.
Commonwealth of Virginia. In these cases probable jurisdiction is
noted and the cases are transferred to the summary docket.
No. 117. Federal Communications Commission, appellant, v. Amer-ican Broadcasting Company, Inc.;
No. 118. Federal Communications Commission, appellant, v. Na-tional Broadcasting Company, Inc. ; and
No. 119. Federal Communications Commission, appellant, v. Co-
lumbia Broadcasting System, Inc. In these cases probable jurisdic-
tion is noted. The cases are consolidated for argument and one hour
is allowed to each side.
No. 128. The County Board of Arlington County, Virginia, et al.,
appellants, v. State Milk Commission. In this case probable jurisdic-
tion is noted. The case is transferred to the summary docket andassigned for argument immediately following 115.
No. 160. Miller Brothers Company, appellant, v. State of Mary-land. In this case probable jurisdiction is noted. The case is trans-
ferred to the summary docket and assigned for oral argument imme-diately following 128.
No. 195. International Longshoremen's and Warehousemen'sUnion, Local 37, et al., appellants, v. John P. Boyd, District Director,
Immigration and Naturalization Service. Further consideration of
MONDAY, OCTOBER 12, 1953 9
the question of the jurisdiction of this Court in this case is postponed
to the hearing of the case on the merits. The appellants are requested
to discuss on brief and oral argument the right of the union to sue
for an injunction upon behalf of its members.
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.
;
No. 199. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.
;
No. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. ; and
No. 201. Panhandle Eastern Pipe Line Company, appellant, v.
Robert §. Calvert, Comptroller of Public Accounts, et al. Further
consideration of the motions to dismiss or affirm and of the jurisdic-
tion of this Court in these cases is postponed to the hearing of the
cases, on the merits. The cases are consolidated for argument and as-
signed for hearing immediately following No. 163. One hour is al-
lowed each side for oral argument.
No. 217. Superior Films, Inc., appellant, v. Department of Educa-
tion of the State of Ohio, Division of Film Censorship, Clyde His-
song, Superintendent. In this case probable jurisdiction is noted.
No. 65. The United States, petitioner, v. Binghamton Construction
Co., Inc. Petition for writ of certiorari to the United States Court
of Claims granted and case transferred to the summary docket.
No. 92. United States of America, petitioner, v. City of NewBritain, Connecticut, et al. Petition for writ of certiorari to the
Supreme Court of Errors of Connecticut granted and case transferred
to the summary docket.
No. 67. Julius Emspak, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit granted except as to question No.
4 presented by the petition for the writ.
No. 94. United States of America, petitioner, v. Harold T. Lindsay
et al. Petition for writ of certiorari to the United States Court of
Appeals for the First Circuit granted.
No. 174. Everett E. White, petitioner, v. Baltimore and Ohio Rail-
road Company. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit granted.
No. 209. Chicago, Rock Island and Pacific Railroad Company, pe-
titioner, v. Archie C. Stude, William Lumpkin and Pottawattomie
County, Iowa. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit granted..
269533—53- 3
MONDAY, OCTOBER 12, 195 3 10
No. 184. The General Protective Committee for the Holders of
Option Warrants of the United Corporation, petitioner, v. The Secu-
rities and Exchange Commission et al. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit granted limited to the question as to the jurisdiction of a court
of appeals or a district court to review orders of the Securities and
Exchange Commission.
No. 222. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, and the United
States of America, on Behalf of the Postmaster General
;
No. 223. Delta Air Lines, Inc., petitioner, v. Arthur E. Summer-field, Postmaster General of the United States and the United States
of America, on Behalf of the Postmaster General
;
No. 224. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, The United States
of America, on Behalf of the Postmaster General and Western Air
Lines, Inc. ; and
No. 225. Western Air Lines, Inc., petitioner, v. Civil Aeronautics
Board, Arthur E. Summerfield, Postmaster General of the United
States, and the United States of America, on Behalf of the Post-
master General. Petitions for writs of certiorari to the United States
Court of Appeals for the District of Columbia Circuit granted. Thecases are consolidated for argument and one and one-half hours are
allowed each side.
No. 228. Emanuel L. Mazer and William Endicter, Doing Business
as June Lamp Manufacturing Company, petitioners, v. Benjamin
Stein and Rena Stein, Doing Business as Reglor of California. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit granted. The Solicitor General is invited to file
a brief setting forth, along with other matters he deems pertinent,
the views of the Copyright Office and a statement of its relevant
practice.
No. 2, Misc. Pete Hernandez, petitioner, v. State of Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texas
granted and case transferred to the appellate docket.
No. 6, Misc. Robert Norbert Galvan, petitioner, v. U. L. Press,
Officer in Charge, Immigration and Naturalization Service, etc. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit granted and case transferred to the appellate docket.
No. 26. In the Matter of Nubar Wright, petitioner. Petition for
writ of certiorari to the Supreme Court of Nevada denied.
MONDAY, OCTOBER 12, 195 3 11
No. 42. Graves, Incorporated, petitioner, v. Commissioner of Inter-
nal Revenue. Petition for writ of certiorari to the United States
Court of Appeals, for the Fifth Circuit denied:
No. 45. New Pittsburgh Coal Company, petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 46. J. H. McCormick, petitioner, v. H. M. Lewis and A. M;Lewis, Sr. Petition for writ of certiorari to the United States Qourt
of Appeals for the Fifth Circuit denied.
No. 58. Pennsylvania Mutual Life Insurance Company, petitioner,
v. Catherine Reid Harding, a Minor, by Edward I>i Reid, her Guard-
ian. Petition for writ of certiorari to the Supreme Court of Penn-
sylvania, Eastern District, denied.
No. 59. Eterpen Financiera Sociedad de Responsabilidad Limitada
(Formerly Eterpen, S. A.), petitioner, v-. The United States. Peti-
tion for writ of certiorari to the United States Court of Claims denied.
No. 60. Gilbert Tinsley, petitioner, v. Commonwealth of Kentucky.
Petition for writ of certiorari to the Court of Appeals of Kentucky
denied.
No. 62. Golden H, Owens and Leon Anderson, petitioners, v. Wil-
liam H. Banks Warehouses, Inc. Petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 63. K. W. Laughlin, petitioner, v. Scott M. Loftin and John W.Martin, as Trustees for the Florida East Coast Railway Company.Petition for writ of certiorari to the Supreme Court of Florida denied.
No. 64. Del A. Fehsenfeld, John Wilkes, John Dickerson, et al.,
petitioners, v. Ivan Whipple, Arthur C. Brown, Frank A. Taylor, et
al. Petition for writ of certiorari to the Supreme Court of Kansas
denied.
No. 68. Eusebius James Biggs, petitioner, v. The City of Chicago
et al. Petition for writ of certiorari to the Supreme Court of Illinois
denied.
No. 70. Colonial Fabrics, Inc., petitioner, v. Commissioner of Inter-
nal Revenue. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 72. A. B. Swinerton, Richard Walberg and Howard Hassard,
etc., et al., petitioners, v. National Labor Relations Board. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 74. Bernice Feitler and Irwin Feitler, Individually and Trad-ing as Gardner and Company, petitioners, v. Federal Trade Commisrsion. Petition for writ of certiorari to the United States Court Qf
Appeals for the Ninth Circuit denied.
MONDAY, OCTOBER 12, 195 3 12
No. 75. American Hardware and Equipment Company, petitioner,
v. Commissioner of Internal Revenue. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 76. Howard Dortch, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 77. C. C. Cooke, petitioner, v. Commissioner of Internal Reve-
nue. Petition for writ of certiorari to the United States Court of Ap-peals for the Tenth Circuit denied.
No. 79. Colorado River Municipal Water District et al., petitioners,
v. Board of Water Engineers of Texas et al. Petition for writ of
certiorari to the Supreme Court of Texas denied.
No. 80. Mrs. Marilyn Cagle, Individually and as Guardian for
Danny Ray Cagle, Minor, petitioner, v. George F. McQueen et al.,
Individually, etc, Doing Business as McQueen and Stout, and Gulf
Oil Corporation, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
No. 82. William B. Portner, petitioner, v. Central Penn National
Bank of Philadelphia. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 83. Palace Corporation, petitioner, v. The United States.
Petition for writ of certiorari to the United States Court of Claims
denied.
No. 86. Topps Chewing Gum, Inc., petitioner, v. Haelan Labora-
tories, Inc. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 89. Harry F. Gill, petitioner, v. The Pennsylvania Railroad
Company. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 90. Emanuel Kushelewitz et al., Copartners Doing Business
Under the Firm Name and Style of Elkay Textile Company, peti-
tioners, v. The National City Bank of New York and Federal Reserve
Bank of New York. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 91. Weldon D. Smith, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 95. Eugene Helton, a Citizen of the United States of Americaand Resident of Tennessee, petitioner, v. State of Tennessee. Peti-
tion for writ of certiorari to the Supreme Court of Tennessee denied.
No, 96. Guy A. Thompson, Trustee, International Great NorthernRailroad Company, petitioner, v. American Abrasive Metals Com-
MONDAY, OCTOBER 12, 195 3 13
pany. Petition for writ of certiorari to the Court of Civil Appeals of
Texas, First Supreme Judicial District, denied.
No. 97. Mrs. Odile V. Hubert Tucker, as a Stockholder of Crescent
City Laundries, Inc., etc., petitioner, v. National Linen Service Cor-
poration et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 98. Edward Kohn, Doing Business as Edward Kohn Company,
petitioner, v. Joseph H. Freehill, Director of Price Stabilization.
Petition for writ of certiorari to the United States Emergency Court
of Appeals denied.
No. 101. Mississippi River Sand and Gravel Company, a Corpora-
tion, petitioner, v. Floyd C. Wilkes, Administrator of the Estate of
Paul D. Godsey, Jr., Deceased, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Sixth Circuit denied.
No. 102. The Mutual Life Insurance Company of New York, peti-
tioner, v. The United States. Petition for writ of certiorari to the
United States Court of Claims denied.
No. 103. Max Tendler, petitioner, v. Henry A. Jaffe et al., Co-
Partners Trading as New York Decorating Compan}^. Petition for
writ of certiorari to the United States Court of Appeals for the Dis-
trict of Columbia Circuit denied.
No. 106. People of the State of Illinois, ex rel. William J. Kennedy,
petitioner, v. Stephen E. Hurley et al., Civil Service Commissioners
of the City of Chicago. Petition for writ of certiorari to the Appel-
late Court of Illinois, First District, denied.
No. 107. United States Cold Storage Corporation, petitioner, v.
National Labor Relations Board. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 108. Adwood Corporation, petitioner, v. Commissioner of
Internal Revenue. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 110. James M. Foster and John H. Johnson, Co-Partners,
Doing Business as J. M. Foster and Company, petitioners, v. Clarence
H. Buckner. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 111. Securities and Exchange Commission, petitioner, v. JamesF. Masterson. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 112. Rockwell Manufacturing Company, petitioner, v. TheStanley Works. Petition for writ of certiorari to the LTnited States
Court of Appeals for the Third Circuit denied.
269533^53 4
MONDAY, OCTOBER 12, 1953 14
No. 116. Edward Foster Atkins, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit denied.
No. 122. Martin O. Weisbrod, petitioner, v. The United States of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 124. Grenada Industries, Incorporated, petitioner, v. Commis-sioner of Internal Revenue. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 126. National Labor Relations Board, petitioner, v. MarineEngineers Beneficial Association, No. 13. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Third Circuit
denied.
No. 127. Chromium Products Corporation, petitioner, v. Recon-
struction Finance Corporation. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 132. H. Gertrude Hogan, petitioner, v. City of Miami Beach.
Petition for writ of certiorari to the Supreme Court of Florida denied.
No. 135. Marvin L. Gehman, petitioner, v. Frances R. Smith,
Collector of Internal Revenue. Petition for writ of certiorari to the
United States Court of Appeals for the Third Circuit denied.
No. 136. Vaughan Novelty Mfg. Co., petitioner, v. G. G. Greene
Mfg. Corp. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 137. Elsalto Real Estate, Inc., a Florida Corporation, peti-
tioner, v. The City of Miami Beach, a Municipal Corporation, etc.
Petition for writ of certiorari to the Supreme Court of Florida denied.
No. 138. Pennsylvania Mutual Life Insurance Company, a Cor-
poration, petitioner, v. Julia Beley. Petition for writ of certiorari
to the Supreme Court of Pennsylvania, Western District, denied.
No. 140. Eugene H. Walet, Jr., petitioner, v. Jefferson Lake Sul-
phur Company. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 141. New Wrinkle, Inc., and William A. Waldie, petitioners, v.
Robert C. Watson, Commissioner of Patents. Petition for writ of
certiorari to the United States Court of Appeals for the District of
Columbia Circuit denied.
No. 142. Harvey A. Miller, petitioner, v. Edmund Lee Jones. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 143. Jamaica Water Supply Company, petitioner, v. The City
of New York. Petition for writ of certiorari to the Court of Ap-peals of New York denied.
MONDAY, OCTOBER 12, 1953 15
No. 145. Switzer Brothers, Inc., and Robert C. Switzer, petitioners,
v. Texas-Miller Hat Corporation et al. Petition for writ of certi-
orari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 146. James P. Finnegan, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 149. Carlson & Sullivan, Inc., petitioner, v. Bigelow & DowseCompany and the Stanley Works. Petition for writ of certiorari
to the United States Court of Appeals for the First Circuit denied.
No. 150. Russell - Box Company, petitioner, v. Grant Paper BoxCompany. Petition for writ of certiorari to the United States Court
of Appeals for the First Circuit denied.
No. 152. Carlor Company, Inc., petitioner, v. City of Miami, a
Municipal Corporation of the State of Florida. Petition for writ
of certiorari to the Supreme Court of Florida denied.
No. 153. Noral Williams, Rebecca Young Smalls, Gertrude Young,and Laura Young, petitioners, v. United States of America. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 155. The Estate Stove Company and Noma Electric Corpora-
tion, etc., et al., petitioners, v. General Motors Corporation and Gen-
eral Motors Sales Corporation. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 157. Burgess Battery Company, petitioner, v. John A. Marzall
(Robert C. Watson, Substituted), Commissioner of Patents. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
No. 158. Joe W. Lowdermilk, Receiver of Sullivan Petroleum Cor-
poration, petitioner, v. The Ohio Oil Company, a Corporation. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 161. Simone N. Gazan, petitioner, v. Joseph S. Corbett, as
Chairman, et al., etc. Petition for writ of certiorari to the Court of
Appeals of New York denied.
No. 162. Herbert Eck, Martin M. Karlan, and Cosimo Perrucci,
petitioners, v. Commissioner of Internal Revenue. Petition for writ
of certiorari to the United States Court of Appeals for the SecondCircuit denied.
No. 165. William Propst , on Behalf of Himself and all Holders of
School Land Leases in the State of Nebraska, Similarly Situated andGrace Green, Intervenor, petitioners, v. The Board of Educational
MONDAY, OCTOBER 12, 1953 16
Lands and Funds of the State of Nebraska et al. Petition for writ of
certiorari to the Supreme Court of Nebraska denied.
No. 166. Oneida, Ltd., petitioner, v. Grayson-Robinson Stores, Inc.
Petition for writ of certiorari to the Supreme Court of Georgia
denied.
No. 168. Chicago, Milwaukee, St. Paul and Pacific Railroad Com-pany, a Wisconsin Corporation, petitioner, v. The Board of Railroad
Commissioners of the State of Montana et al. Petition for writ of
certiorari to the Supreme Court of Montana denied.
No. 170. Lester Maxwell, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 171. State of Maryland, ex relatione Harold H. Channell, peti-
tioner, v. George J. Murphy, Captain of Detectives, Baltimore City
Police Department, Baltimore, Maryland. Petition for writ of cer-
tiorari to the Court of Appeals of Maryland denied.
No. 173. Joliet Contractors Association, a Non-Profit Illinois Cor-
poration, etc., et al., petitioners, v. National Labor Relations Board.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 178. Davis Frozen Foods, Incorporated, petitioner, v. Norfolk
Southern Railway Company. Petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit denied.
No. 179. J. P. Coleman, Attorney General of the State of Missis-
sippi, petitioner, v. Trunkline Gas Company. Petition for writ of
certiorari to the Supreme Court of Mississippi denied.
No. 185. Loretta Elizabeth O'Loughlin, petitioner, v. Thomas A.
O'Loughlin. Petition for writ of certiorari to the Supreme Court of
New Jersey denied.
No. 186. John Patrick Gill, petitioner, v. The United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 187. Hubert Van Hook, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 192. William H. Banks Warehouses, Incorporated, and JohnAlfred Halford, petitioners, v. George L. Watt, William Watt, RolandUlrich, C. J. DeVisser, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 193. Joseph L. McClellan, as Trustee in Bankruptcy of the
Estate of Capital Gas Corporation, a Bankrupt Corporation, et al.,
petitioners, v. Montana-Dakota Utilities Company, a Corporation.
MONDAY, OCTOBER 12, 1953 17
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 194. Hydrocarbon Production Company, Incorporated, peti-
tioner, v. Valley Acres Water District et al. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 197. Seymour S. Lieberman, petitioner, v. The State of NewJersey. Petition for writ of certiorari to the Supreme Court of NewJersey denied.
No. 202. William Weidlich, petitioner, v. Estate of Louis Weidlich
(The First National Bank & Trust Company of Bridgeport and
Arthur M. Comley, Executors) and Hetty S. Weidlich. Petition for
writ of certiorari to the Supreme Court of Errors of Connecticut
denied.
No. 203. City of Kansas City, Missouri, a Municipal Corporation,
Frank Theis, Paul M. Fogel, et al., petitioners, v. Esther Williams,
Lena E. Smith and Joseph N. Moore. Petition for writ of certiorari
to the United States Court of Appeals for the Eighth Circuit denied.
No. 204. Tolley B. Spriggs, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 205. William D. Kent, as President of Flight Engineer Officers'
Association, etc., petitioner, v: Civil Aeronautics Board and PanAmerican World Airways, Inc. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied.
No. 206. Frank F. Keynolds, petitioner, v. The United States. Pe-
tition for writ of certiorari to the United States Court of Claims
denied.
No. 207. Charles A. M. Waterhouse, petitioner, v. Edward Hoover;
Edward Hoover, Trustee of Real Estate for Charles B. Bosserman
and Successors, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Sixth Circuit denied.
No. 208. Hyde Park Clothes, Inc., petitioner, v. Hyde Park Fash-
ions, Inc. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 212. Fort Dodge, Des Moines and Southern Eailroad Company,and Iowa-Des Moines National Bank, petitioners, v. Catharine Allen
Gillespie, Executrix of the Estate of Alexander J. Gillespie, Deceased.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 214. Joseph A. Daugherty, petitioner, v. The People of the
State of California. Petition for writ of certiorari to the SupremeCourt of California denied.
269533—53 5
MONDAY, OCTOBER 12, 1953 18
No. 215. Henry Macias, petitioner, v. Oakland Truck Sales, Incor-
porated. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied.
No. 216. The Frito Company, petitioner, v. General Mills, Incorpo-
rated. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 218. United States of America, petitioner, v. Charles E. Nelson
et al. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 219. United States of America, petitioner, v. The Arcade Com-pany, a Corporation, and Arcade Company, Inc. Petition for writ
of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 221. Atlantic Freight Lines, Inc., petitioner, v. Arthur E. Sum-merfield, Postmaster General. Petition for writ of certiorari to the
United States Court of Appeals for the District of Columbia Circuit
denied.
No. 227. Alvin R. Doran, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 231. Lester E. Butzman, Sr., petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 233. Saint Matthews Gas and Electric Shop, Incorporated, pe-
tioner, v. The Verkamp Corporation. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Sixth Circuit
denied.
No. 239. O. A. Greager, petitioner, v. R. H. Lindsay Company.Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 240. Sears, Roebuck and Co., petitioner, v. John A. Marzall
(Robert C. Watson, Substituted), Commissioner of Patents. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the District of Columbia Circuit denied.
No. 242. Shipowners and Merchants Tugboat Company, petitioner,
v. United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 251. William Brune, petitioner, v. The State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 261. Gross Income Tax Division, Indiana Department of State
Revenue, State of Indiana, et al., petitioners, v. Surface CombustionCorporation. Petition for writ of certiorari to the Supreme Court of
Indiana denied.
MONDAY, OCTOBER 12, 1953 19
No. 262. Gross Income Tax Division, Indiana Department of State
Revenue, State of Indiana, et al., petitioners, v. Surface CombustionCorporation. Petition for writ of certiorari to the Supreme Court of
Indiana denied.
No. 273. U. S. Printing & Novelty Co., Inc., a Corporation, et al.,
petitioners, v. Federal Trade Commission. Petition for writ of cer-
tiorari to the United States Court of Appeals for the District of
Columbia denied.
No. 21. Lois Maxwell Sinclair and Fred Ellis Youngblood, Jr., pe-
titioners, v. State of Texas. Motion to dispense with printing record
granted. Petition for writ of certiorari to the Court of Criminal Ap-peals of Texas denied.
No. 88. Walter Bryson Jones, petitioner, v. The State of Texas/*
Motion to dispense with printing record granted. Petition for writ
of certiorari to the Court of Criminal Appeals of Texas denied.
No. 134. Busch Jewelry Company, a Corporation, and Dr. F. M.Dooley, petitioners, v. The State Board of Optometry. Motion to dis-
pense with printing record granted. Petition for writ of certiorari
to the Supreme Court of Mississippi denied.
No. 118. Joseph Sica, petitioner, v. People of the State of Cali-
fornia. Motion to dispense with printing record granted. Petition
for writ of certiorari to the District Court of Appeal of California,
Second Appellate District, denied.
No. 164. Hy Goldbaum, George Capri, and Edward Cooke, peti-
tioners, v. United States of America. Motion to dispense with print-
ing record granted. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 73. Karl Feller, petitioner, v. Herbert Brownell, Jr., Attorney
General of the United States, as Successor to the Alien Property
Custodian. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied. Mr. Justice Clark took nopart in the consideration or decision of this application.
No. 99. National Machine Works, Inc., and Interstate Machinery
Co., Inc., petitioners, v. The United States. Petition for writ of cer-
tiorari to the United States Court of Claims denied. Mr. Justice
Clark took no part in the consideration or decision of this application.
No. 84. Louis H. Netzer, petitioner, v. Northern Pacific Railway
Company, a Corporation. Motion for leave to file brief of Brother-
hood of Railroad Trainmen as amicus curiae denied. Petition for
writ of certiorari to the Supreme Court of Minnesota denied. Mr.
Justice Black and Mr. Justice Douglas are of the opinion that the
motion and petition should be granted.
MONDAY, OCTOBER 12, 1953 20
No. 93. Maurice J. Tobin, Secretary of Labor, etc., and United
States of America, petitioners, v. Little Rock Packing Company et al.
Motion to substitute Martin P. Durkin as a party petitioner in the
place and stead of Maurice J. Tobin granted. Petition for writ of
certiorari to the United States Court of Appeals for the Eighth Cir-
cuit denied.
No. 113. Corona Daily Independent, a Partnership, and J. C.
Hammond, et al., petitioners, v. City of Corona, California, a Munici-
pal Corporation of the Sixth Class. Petition for writ of certiorari to
the District Court of Appeal of California, Fourth Appellate District,
denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion
that the petition for writ of certiorari should be granted. Memoran-dum filed by Mr. Justice Douglas with which Mr. Justice Black con-
curs.
No. 220. Joseph Perko, Elwyn West, Martin Skala and William
Zupancich, petitioners, v. United States of America. Petition for
writ of certiorari to the United States Court of Appeals for the Eighth
Circuit denied. Mr. Justice Black and Mr. Justice Douglas are of the
opinion that the petition for writ of certiorari should be granted.
No. 125. De Ley R. Graham, petitioner, v. Alcoa Steamship Com-pany, Incorporated. Motion to dispense with printing petition, brief
and record granted. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied. Mr. Justice
Black and Mr. Justice Douglas are of the opinion certiorari should be
granted.
No. 133. James F. Masterson, Michael Stella, Eva Lefker and Otis
and Company, petitioners, v. Jerome R. Pergament and George J.
London et al. Motion for leave to file brief of Kaiser-Frazer Stock-
holders Protective Committee as amicus curiae denied. Petition for
writ of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 139. Erik A. Bertel, Laurits Sorensen, Borge A. R. Jensen,
et al., petitioners, v. Panama Transport Company et al. Petition for
writ of certiorari to the United States Court of Appeals for the Sec-
ond Circuit denied. Mr. Justice Douglas and Mr. Justice Jackson
are of the opinion certiorari should be granted.
No. 159. Carroll L. Johns, petitioner, v. Associated Aviation
Underwriters et al. Motion to proceed on typewritten copies of the
record granted. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 172. The Chesapeake and Ohio Railway Company, petitioner,
v. J. C. Van Lierop. Petition for writ of certiorari to the SupremeCourt of Michigan denied. Mr. Justice Reed took no part in the
consideration or decision of this application.
MONDAY, OCTOBER 12, 195 3 21
No. 175. Hotel and Restaurant Employees and Bartenders Inter-
national Union, Local No. 181, et al., petitioners, v. Blue Boar Cafe-
teria Company, Incorporated. Petition for writ of certiorari to the
Court of Appeals of Kentucky denied. Mr. Justice Douglas is of
the opinion that petition for writ of certiorari should be granted.
No. 191. James Francis, petitioner, v. Frederic A. Crafts. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the First Circuit denied. Mr. Justice Douglas is of the opinion that
petition for writ of certiorari should be granted.
No. 181. Jennie E. Dargel et al., petitioners, v. William G. Barr,
Director of Rent Stabilization, et al. Motion to substitute Glenwood
J. Sherrard, Director of Defense Rental Areas Division, Office of
Defense Mobilization, as a party respondent in the place and stead
of William G. Barr, Acting Director of Rent Stabilization granted.
Petition for writ of certiorari to the United States Emergency Court
of Appeals denied.
No. 211. Prudence-Bonds Corporation (New Corporation), Suc-
cessor Trustee of Prudence-Bonds Corporation, Debtor, George E.
Eddy and Ada S. Beardsley, petitioners, v. State Street Trust Com-pany, as Trustee of Prudence-Bonds, Tenth Series, Under Trust
Agreement Dated May 1, 1927, with Prudence-Bonds Corporation.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Mr. Justice Douglas and Mr. Justice
Jackson took no part in the consideration or decision of this
application.
No. 234. Gordon E. Struck, petitioner, v. United States of
America. Motion to dispense with printing the petition, brief, andrecord granted. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied. Mr. Justice Black is
of the opinion certiorari should be granted.
No. 391, October Term, 1952. Harry A. Stein, petitioner, v. ThePeople of the State of New York
;
No. 393, October Term, 1952. Caiman Cooper, petitioner, v. ThePeople of the State of New York
;
No. 392, October Term, 1952. Nathan Wissner, petitioner, v. ThePeople of the State of New York
;
No. 681, October Term, 1952. Frank Cammarata, petitioner, v.
State of Ohio
;
No. 682, October Term, 1952. Joel S. Cooper, petitioner, v. C. A.
Peak et al.
;
No. 724, October Term, 1952. William M. Estep and Dora Estep,
petitioners, v. The People of the State of Illinois
;
MONDAY, OCTOBER 12, 1953 22
No. 742, October Term, 1952. Charles C. Patterson, petitioner, v.
Lillie M. Saunders et al.
;
No. 759, October Term, 1952. Virginia Skovgaard, petitioner, v.
United States of America
;
No. 791, October Term, 1952. Marshall Neal, Jr., petitioner, v.
United States of America;
No. 792, October Term, 1952. Kenneth Powell Davis, petitioner, v.
United States of America
;
No. 793, October Term, 1952. Caroline McDonald Wismiller, peti-
tioner, v. Estate of Henrietta E. Garrett, Deceased;
No. 808, October Term, 1952. John W. Pattison, Aletheia E. Patti-
son, Anna W. Pattison, et al., petitioners v. The Union Central Life
Insurance Company;No. 812, October Term, 1952. General Motors Corporation and City
Chevrolet Company, petitioners, v. John W. J. Ackermans
;
No. 820, October Term, 1952. U. S. A. C. Transport, Inc. (also
d/b/a U. S. Airplane Transport, Inc.), petitioner, v. The United
States of America;
No. 836, October Term, 1952. 24 Digger Merchandising Machines,
1428 Rouge Boxes, 16 Metal Boots, etc., et al., petitioners, v. United
States of America; and
No. 843, October Term, 1952. Kobert Krause, Lawrence Miller,
Thomas J. McManus, Jr., et al., petitioners, v. William G. Bucher.
Petitions for rehearing denied.
No. 422, October Term, 1952. Eobert W. Burns and Herman P.
Dennis, Jr., petitioners, v. Charles E. Wilson. Petition for rehearing
denied. Separate opinion filed by Mr. Justice Frankfurter.
No. 517, October Term, 1952. Olive B. Barrows, Kichard Pikaar
and M. M. O'Gara, petitioners, v. Leola Jackson. Petition for rehear-
ing denied. Mr. Justice Reed and Mr. Justice Jackson took no part
in the consideration or decision of this application.
No. 602, October Term, 1952. Alexandros Theodorakis, petitioner,
v. John Xilas, as Master ; Theofana Maritime Company, Limited, as
Owner, et al. Second petition for rehearing denied.
No. 634, October Term, 1952. United States of America, appellant,
v. Lester E. Grainger;
No. 635, October Term, 1952. United States of America, appellant,
v. Joseph E. Clavere and William G. Kennedy ; and
No. 636, October Term, 1952. United States of America, appellant,
v. Joseph C. Clavere, William G. Kennedy, and A. L. Shapiro. Peti-
tion for rehearing denied. Mr. Justice Jackson took no part in the
consideration or decision of this application.
No. 308, October Term, 1952. Elizabeth H. Dalehite, Henry G.
Dalehite, Jr., et al., petitioners, v. United States of America. Petitions
MONDAY, OCTOBER 12, 1353 23
for rehearing denied. Mr. Justice Douglas and Mr. Justice Clark took
no part in the consideration or decision of these applications.
No. 404, Misc., October Term, 1952. Elbert Henry White, peti-
tioner, v. United States of America
;
No. 495, Misc., October Term, 1952. Theodore W. Thomas, peti-
tioners, v. People of the State of California
;
No. 498, Misc., October Term, 1952. Ida M. Picking and Guy W.Picking, petitioners, v. Pennsylvania Railroad Company et al.
;
No. 501, Misc., October Term, 1952. E. Haydon Bozell, petitioner,
v. United States of America et al.
;
No. 506, Misc., October Term, 1952. Nancy Cross, petitioner, v.
Supreme Court of California
;
No. 511, Misc., October Term, 1952. John Harry Lee, petitioner, v.
State of Tennessee
;
No. 516, Misc., October Term, 1952. In the Matter of the Petition
of Alexander G. Jeronis, petitioner, for an Original Writ of HabeasCorpus
;
No. 529, Misc., October Term, 1952. Clarence Schell, petitioner, v.
Ralph N. Eidson, Warden ; and
No. 548, Misc., October Term, 1952. Frank Severn, petitioner, v.
Lloyd W. McCorkle, Acting Warden. Petitions for rehearing denied.
No. 372, Misc., October Term, 1952. Frank Severa, petitioner, v.
State of New Jersey. Fourth petition for rehearing denied.
No. 388, Misc., October Term, 1952. Frank A. Hourihan, peti-
tioner, v. National Labor Relations Board et al. Second petition for
rehearing denied.
No. 515, Misc., October Term, 1952. Calvin Elton Barnett, peti-
tioner, v. Roy E. Doerfler, Sheriff of Will County, Illinois, etc. Mo-tion to vacate the order denying certiorari denied.
No. 7, Misc. Earl Jones, petitioner, v. State of Texas. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
No. 10, Misc. Robert DeWeese, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 12, Misc. Julius Flowers, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 15, Misc. William B. Neal, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Circuit Court of
Randolph County of Chester, Illinois, denied.
MONDAY, OCTOBER 12, 195 3 24
No. 16, Misc. James Meiner, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County of Joliet, Illinois, denied.
No. 18, Misc. Frank Rehak, petitioner, v. Lawrence P. Keenan,
Superintendent, etc., et al. Petition for writ of certiorari to the
Supreme Court of Pennsylvania, Western District, denied.
No. 20, Misc. Clarence Mahurin, petitioner, v. State of Missouri.
Petition for writ of certiorari to the Supreme Court of Missouri
denied.
No. 21, Misc. Charles E. Martin, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 22, Misc. William Shamery, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 24, Misc. Robert J. Koalska, petitioner, v. E. T. Swenson,
Warden. Petition for writ of certiorari to the Supreme Court of
Minnesota denied.
No. 25, Misc. Harold N. Tingley, petitioner, v. Holt A. McDowell(State of Alabama) as Sheriff, etc. Petition for writ of certiorari
to the Court of Appeals of Alabama denied.
No. 26, Misc. Ovie G. Hall, petitioner, v. Orel J. Skeen, Warden.Petition for writ of certiorari to the Supreme Court of Appeals of
West Virginia denied.
No. 29, Misc. Carl Austin DeWolf,petitioner, v. Jerome J. Waters,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit denied.
No. 30, Misc. Bert E. Kalan, also known as Bert Kahn, petitioner,
v. State of New York. Petition for writ of certiorari to the Court of
Appeals of New York denied.
No. 31, Misc. John W. Hobson, petitioner, v. John R. Cranor, Su-
perintendent, etc. Petition for writ of certiorari to the SupremeCourt of Washington denied.
No. 32, Misc. George West, petitioner, v. People of the State of
Illinois, Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 33, Misc. Carlyle Davis, petitioner, v. People of the State of
Illinois. Petitioner for writ of certiorari to the Supreme Court of
Illinois denied.
No. 34, Misc. James Sweeney, petitioner, v. State of New York.
Petition for writ of certiorari to the Court of Appeals of New Yorkdenied.
MONDAY, OCTOBER 12, 1953 25
No. 35, Misc. Raymond E. Tilghman, petitioner, v. State of Florida.
Petition for writ of certiorari to the Supreme Court of Florida denied.
No. '36, Misc. Peter John Congro, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 38, Misc. Ernest N. Canler, petitioner, v. State of Indiana. Pe-
tition for writ of certiorari to the Supreme Court of Indiana denied.
No. 39, Misc. Arthur Martin, petitioner, v. Ralph H. Walker,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 47, Misc. Walter Marion Adams, petitioner, v. Ross V. Ran-
dolph, Warden. Petition for writ of certiorari to the Circuit Court
of Randolph County, Illinois, denied.
No. 48, Misc. Linton Alvin, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 50, Misc. Wooclrow Nor Woods, petitioner, v. Harley O. Teets,
Warden, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 51, Misc. Jack Yelvington, petitioner, v. C. H. Looney, Warden.Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 53, Misc. William H. Morris, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 55, Misc. Rufus Glenn Sisk, petitioner, v. State of Indiana.
Petition for writ of certiorari to the Supreme Court of Indiana denied.
No. 58, Misc. Ida J. Smith, Administratrix of the Estate of Ber-
nard P. Smith, Deceased, petitioner, v. Baltimore and Ohio Railroad
Company. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 60, Misc. Amos Doris Cooper, petitioner, v. John R. Cranor,
Superintendent, etc. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Ninth Circuit denied.
No. 66, Misc. Roland Munroe, Jr., petitioner, v. People of the State,
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 68, Misc. Charles Shields, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigandenied.
No. 69, Misc. Stephen Bayer, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the Court of Appeals of
New York denied.
MONDAY, OCTOBER 12, 195 3 26
No. 70, Misc. Gladys Harmon, petitioner, v. John R. Cranor, Su-
perintendent. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 71, Misc. Frank R. Terry, petitioner, v. Harley O. Teets,
Warden. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 72, Misc. Jerome Barr, petitioner, v. The Warden of the Mary-land House of Corrections. Petition for writ of certiorari to the
Court of Appeals of Maryland denied.
No. 75, Misc. Robert Clark, petitioner, v. Orel J. Skeen, Warden,West Virginia State Penitentiary, Moundsville, West Virginia, Pe-
tition for writ of certiorari to the Supreme Court of Appeals of WestVirginia denied.
No. 79, Misc. Lawrence Petz, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the County Court of
Kings County, New York, denied.
No. 80, Misc. Donice B. Johnson, petitioner, v. Harley O. Teets,
Warden, California State Prison, San Quentin, California. Peti-
tion for writ of certiorari to the Supreme Court of California denied.
No. 83, Misc. Clifford Connolly, petitioner, v. John R. Cranor, Su-
perintendent of the Washington State Penitentiary, Walla Walla,
Wash. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 84, Misc. Bert Brown, petitioner, v. State of Washington. Pe-
tition for writ of certiorari to the Supreme Court of Washingtondenied.
No. 85, Misc. Irving Coates, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 87, Misc. Howard Melvin Shubert, petitioner, v. Ross V. Ran-
dolph, Warden, Illinois State Penitentiary, Menard, 111. Petition for
writ of certiorari to the Circuit Court of Randolph County, Illinois,
denied.
No. 88, Misc. Ralph Barton Butz, petitioner, v. Bert Rednour. Pe-
tition for writ of certiorari to the Circuit Court of Williamson County,
Illinois, denied.
No. 89, Misc. Ira W. Westberry, petitioner, v. State of Florida.
Petition for writ of certiorari to the Supreme Court of Florida denied.
No. 90, Misc. Samuel Lesser, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the Court of Appeals of
New York denied.
MONDAY, OCTOBER 12, 1953 27
No. 91, Misc. Orval Curtis, petitioner, v. Orel J. Skeen, Warden,
West Virginia State Penitentiary. Petition for writ of certiorari to
the Supreme Court of Appeals of West Virginia denied.
No. 4, Misc. Thomas H. Dargan, petitioner, v. Yellow Cab Com-pany of Pittsburgh, Pennsylvania, et al. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Third Circuit
denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion
certiorari should be granted.
No. 27, Misc. Henry H. Staples, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Circuit Court of Ran-
dolph County, Illinois, denied for the reason that application there-
for was not made within the time provided by law.
No. 40, Misc. Charles Young, petitioner, v. E. R. May, Supt. Peti-
tion for writ of certiorari to the Circuit Court of Randolph County,
Illinois, denied for the reason that the application therefor was not
made within the time provided by law.
No. 43, Misc. John (Joseph Reeder) Reader, petitioner, v. People
of the State of Illinois. Petition for writ of certiorari to the SupremeCourt of Illinois denied for the reason that the application therefor
was not made within the time provided by law.
No. 63, Misc. Charles Clark, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied for the reason that the application therefor was not
made within the time provided by law.
No. 78, Misc. Edward E. Bartholomew, petitioner, v. State of Illi-
nois. Petition for writ of certiorari to the Supreme Court of Illinois
denied for the reason that the application therefor was not madewithin the time provided by law.
No. 62, Misc. Douglas W. Baker, petitioner, v. O. B. Ellis, General
Manager, etc. Petition for writ of certiorari to the Court of Criminal
Appeals of Texas denied. Motion for leave to file petition for writ of
habeas corpus also denied.
No. 11, Misc. Harold Wilson Hopwood, petitioner, v. Ivan W.Steele, Warden;No. 17, Misc. Thomas B. Grayson, petitioner, v. Warden, Federal
Correctional Institution, etc.
;
No. 19, Misc. Otis Spencer, petitioner, v. Joel M. Dickey et al.
;
No. 41, Misc. Earl W. Taylor, petitioner, v. E. B. Swope, Warden;No. 46, Misc. Elizabeth Reardon Davidson, petitioner, v. Dr. O. A.
Kilpatrick, Director, et al.
;
No. 52, Misc. Mack or Mac Henry Davis, petitioner, v. O. B. Ellis,
General Manager, Texas Prison System
;
MONDAY, OCTOBER 12, 195 3 28
No. 54, Misc. Paul H. Nelson, petitioner, v. C. H. Looney, Warden;No. 57, Misc. Carl William Burkholder, petitioner, v. United States
of America; and
No. 74, Misc. Coles Elliott, petitioner, v. State of Michigan. Mo-tions for leave to file petitions for writs of habeas corpus denied.
No. 132, Misc. Earl W. Taylor, petitioner, v. E. B. Swope, Warden.Petition for writ of mandamus dismissed on motion of petitioner.
No. 45, Misc. Ex parte Eobert Keith Cooper, petitioner;
No. 56, Misc. Earl W. Taylor, petitioner, v. Herbert Brownell, Jr.,
United States Attorney General ; and
No. 81, Misc. Earl W. Taylor, petitioner, v. United States Court of
Claims. Motions for leave to file petitions for writ of mandamusdenied.
No. 13, Misc. American Airlines, Inc., United Air Lines, Inc.,
Transcontinental & Western Air, Inc., and Air Cargo, Inc., petitioners,
v. Slick Airways, Inc. Motion for leave to file petition for writ of
certiorari to the United States District Court for the District of NewJersey denied.
No. 86, Misc. Eobert Hendrickson, petitioner, v. F. S. Baldi, Super-
intendent, Philadelphia County Prison, Pennsylvania. Motion for
leave to file petition for writ of certiorari denied.
No. 44, Misc. Eex E. Settler, petitioner, v. Michigan State Parole
Board et al. Motion for leave to file petition for writ of prohibition
and other relief denied.
No. 49, Misc. Clarence Howard Vetterli, appellant, v. United States
of America. Petition for allowance of an appeal denied.
ORDER
It is ordered that the following allotment be made of the Chief
Justice and Associate Justices of this Court among the circuits, pur-
suant to Title 28, United States Code, § 42, and that such allotment
be entered of record, viz
:
For the District of Columbia Circuit, Earl Warren, Chief Justice.
For the First Circuit, Felix Frankfurter, Associate Justice.
For the Second Circuit, Eobert H. Jackson, Associate Justice.
For the Third Circuit, Harold H. Burton, Associate Justice.
For the Fourth Circuit, Earl Warren, Chief Justice.
For the Fifth Circuit, Hugo L. Black, Associate Justice.
For the Sixth Circuit, Stanley Eeed, Associate Justice.
MONDAY, OCTOBER 12, 1953 29
For the Seventh Circuit, Sherman Minton, Associate Justice.
For the Eighth Circuit, Tom C. Clark, Associate Justice.
For the Ninth Circuit, William O. Douglas, Associate Justice.
For the Tenth Circuit, Tom C. Clark, Associate Justice.
The Chief Justice took no part in the consideration or decision of
cases in which action is this day announced.
No. 13. Pope & Talbot, Inc., petitioner, v. Charles Hawn and
Haenn Ship Ceiling and Refitting Corporation. Argued by Mr.
Mark D. Alspach for the petitioner and by Mr. Charles Lakatos for
the respondent, Hawn, and by Mr. Thomas F. Mount for the respond-
ent, Haenn Ship Ceiling and Refitting Corporation.
No. 14. United States of America, appellant, v. Five GamblingDevices, Labeled in Part "Mills", and Bearing Serial Numbers 593-
221 ; etc.
;
No. 40. United States, appellant, v. Roscoe Denmark ; and
No. 41. United States of America, appellant, v. Milton M. Braim.Argued by Mr. Acting Solicitor General Stern for the appellant and
by Mr. Shelby Myrick for the appellees in Nos. 40 and 41. No ap-
pearance for appellee in No. 14.
No. 15. National Labor Relations Board, petitioner, v. Local UnionNo. 1229, International Brotherhood of Electrical Workers. Arguedby Mr. Dominick L. Manoli for the petitioner and by Mr. Louis Sher-
man for the respondent.
No. 16. Bankers Life and Casualty Company, petitioner, v. TheHonorable John W. Holland, as Chief Judge of the United States
District Court for the Southern District of Florida, et al. Argumentcommenced by Mr. Charles F. Short, Jr. for the petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, October 13, will be as follows: Nos. 16,
17, 18, 23, 25, 20, 22, 43, 27, and 24 (33, 36, and 37).
X
TUESDAY, OCTOBER 13, 1953 30
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
William Henry DuRoss, Jr., of Cleveland, Ohio, on motion of Mr.John A. Danaher; Thomas J. Marshall, Jr., of Paducah, Ky., onmotion of Mr. James G. Wheeler; Frank Torres, of New York, N. Y.,
on motion of Mr. Linton M. Collins; Howard C. Parke, of Santa
Barbara, Calif., on motion of Mr. Norman S. Sterry ; Elloeen DeLacyOughterson, of Buffalo, N. Y., on motion of Miss Elizabeth B. A.
Rogers; Rodney K. Potter, of Los Angeles, Calif., on motion of Mr.
Jackson W. Chance; Maurice H. Koodish, of Cincinnati, Ohio, onmotion of Mr. Frederic J. Ball; Horace S. Manges, of New York,
N. Y., and Conrad W. Oberdorfer, of Boston, Mass., on motion of Mr.
Theodore Tannenwald, Jr.; and Robert Neel Roley, of Alexandria,
Va., on motion of Mr. Norris C. Bakke, were admitted to practice.
No. 16. Bankers Life and Casualty Company, petitioner, v. TheHonorable John W. Holland, as Chief Judge of the United States
District Court for the Southern District of Florida, et al. Argu-
ment continued by Mr. Charles F. Short, Jr., for the petitioner and
concluded by Mr. M. H. Blaekshear, Jr., for the respondents.
No. 17. Partmar Corporation and Fanchon and Marco, Inc., peti-
tioners, v. Paramount Pictures Theatres Corporation et al. Argued
by Mr. Russell Hardy for the petitioners and by Mr. Jackson W.Chance for the respondents.
No. 18. George Earl Toolson, petitioner, v. New York Yankees,
Inc., et al. Argued by Mr. Howard C. Parke for the petitioner and by
Mr. Norman S. Sterry for the respondents.
No. 23. Walter J. Kowalski, petitioner, v. Albert B. Chandler, In-
dividually and as Commissioner of Baseball, et al. Argument com-
menced by Mr. Frederic A. Johnson for the petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, October 14, will be as follows: Nos.
23, 25, 20, 22, 43, 27, 24 (33, 36, and 37), 28, 30, and 31.
x269533^53 6
WEDNESDAY, OCTOBER 14, 195 3 31
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Duncan Waldo Holt, Jr., of Greensboro, N. C, on motion of Mr.T. Ellis Allison; Arthur R. Seder, Jr., of Chicago, 111., on motion of
Mr. Douglas F. Smith ; William T. Estabrook, of Washington, D. C,Edward G. Roe, of New York, N. Y., and Leo Joseph McCullough,of Chevy Chase, Md., on motion of Mr. Watts T. Estabrook; Martin
Blackman, of New York, N. Y., on motion of Mr. Irvin M. Kent;
Thomas F. Ryan, of Austin, Tex., on motion of Mr. E. Jake Jacob-
sen; Edward D. Vickery, of Houston, Tex., on motion of Mr. JohnR. Brown; John H. Lauten, of Glendale, Calif., on motion of Mr.
Frank Randolph Karr; William L. Mitchell, of Evansville, Ind., on
motion of Mr. Alexander M. Heron; Howard P. Macfarlane, of
Tampa, Fla., on motion of Mr. George M. Morris; and I. Herbert
Rothenberg, of Philadelphia, Pa., on motion of Mr. Orville H. WTal-
burn, were admitted to practice.
No. 23. Walter J. Kowalski, petitioner, v. Albert B. Chandler,
Individually and as Commissioner of Baseball, et al. Argument con-
tinued by Mr. Frederic A. Johnson for the petitioner and concluded
by Mr. Raymond T. Jackson for the respondents.
No. 25. Jack Corbett and El Paso Baseball Club, Inc., petitioners,
v. Albert B. Chandler, Individually and as Commissioner of Base-
ball, et al. Argued by Mr. Seymour Martinson for the petitioners
and by Mr. Raymond T. Jackson for the respondents.
No. 20. Hugh A. Voris, Deputy Commissioner, Bureau of Em-ployees' Compensation, U.S. Department of Labor, etc., petitioner,
v. Charles Eikel and B. D. Harris, d/b/a Southern Stevedoring &Contracting Company, et al, Argued by Mr. Murray L. Schwartz
for the petitioner and by Mr. John R. Brown for the respondents.
No. 22. The Atchison, Topeka and Santa Fe Railway Company,appellant, v. Public Utilities Commission of the State of California
and City of Los Angeles. Argued by Mr. Douglas F. Smith for
the appellant and by Mr. Roger Arnebergh for the appellees.
269533—53 7
WEDNESDAY, OCTOBER 14, 1953 32
No. 43. Southern Pacific Company, appellant, v. Public Utilities
Commission of California et al. Argument commenced by Mr. Bur-
ton Mason for the appellant.
Adjourned until tomorrow at 12 o'clock.
The day call for Thursday, October 15, will be as follows : Nos. 43,
27, 24 (33, 36, and 37), 28, 30, 31, 32, 35, 38, and 51 (52, 53, 54,
and 55).
x
THURSDAY, OCTOBER 15, 1953 33
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Alfred Brooks Berlin, of San Francisco, Calif., on motion of Mr.Walton H. Hamilton
;Ray W. Richardson, Jr., of Jacksonville, Fla.,
on motion of Mr. Giles J. Patterson; Chauncey P. Williams, Jr., of
New York, N. Y., on motion of Mr. Randall J. LeBoeuf, Jr.; WilliamB. Elson, Jr., of Chicago, 111., on motion of Mr. Earl G. Spiker; andJohn C. Harlor, of Columbus, Ohio, on motion of Mr. BartholomewDiggins, were admitted to practice.
No. 43. Southern Pacific Company, appellant, v. Public Utilities
Commission of California et al. Argument continued by Mr. Burton
Mason for the appellant and concluded by Mr. Hal F. Wiggins for
the appellees.
No. 27. S. G. Giberding, doing business as Vess Transfer Company,and Charles Darnell, petitioners, v. Illinois Central Railroad Com-pany, Inc. Argued by Mr. William L. Mitchell for the petitioners
and by Mr. James G. Wheeler for the respondent.
No. 24. St. Joe Paper Co., Jesse Ball DuPont, Elbert Dent, et aL,
petitioners, v. The Atlantic Coast Line Railroad Co.
;
No. 33. S. A. Lynch, S. A. Lynch Corporation, et al., petitioners, v.
The Atlantic Coast Line Railroad Company;No. 36. J. Bryson Aird and Bank of the Manhattan Company,
Successor Mortgage Trustees, petitioners, v. The Atlantic Coast Line
Railroad Company; and
No. 37. W. G. Welbon, E. N. Claughton, and A. W. Corbett, peti-
tioners, v. The Atlantic Coast Line Railroad Company. Argued by
Mr. William D, Mitchell for the petitioners and by Mr. Edward W.Bourne for the respondent.
No. 28. Federal Power Commission, petitioner, v. Niagara Mo-hawk Power Corporation. Argument commenced by Mr. Willard
W. Gatchell for the petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Friday, October 16, will be as follows: Nos. 28,
30, 31, 32, 35, 38, 51 (52, 53, 54, and 55), 44, 50, and 56.
x269533—^53 S
FRIDAY, OCTOBER 16, 1953 34
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
J. Joseph Barse, of Washington, D. C, on motion of Mr. George P.
Barse ; R. Jasper Smith, of Springfield, Mo., on motion of Mr. MarionT. Bennett; George G. Roane, of Rosenberg, Tex., on motion of Mr.
E. Jake Jacobsen; and Kurt J. Salomon, of Chicago, 111., on motion
of Mr. Perry S. Patterson, were admitted to practice.
No. 28. Federal Power Commission, petitioner, v. Niagara MohawkPower Corporation. Argument continued by Mr. Willard W. Gatchell
for the petitioner and concluded by Mr. John W. Davis for the
respondent. Leave granted both sides to file briefs in answer to
amicus curiae brief of New York.
No. 30. Louis Lober et al., as Executors of the Last Will and Testa-
ment of Morris Lober, Deceased, petitioners, v. The United States.
Argued by Mr. David Stock for the petitioners and by Mr. Charles K.
Rice for the respondent.
Adjourned until Monday, October 19, next, at 12 o'clock.
The day call for Monday, October 19, will be as follows: Nos. 31,
32, 35, 38, 51 (52, 53, 54, and 55), 44, 50, 56, 57, and 39.
X
269533—53^—
»
MONDAY, OCTOBER 19, 195 3 35
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
C. P. Yon Herzen, of Los Angeles, Calif., and J. Horace L. Flurry,
of Montgomery, Ala., on motion of Mr. Stanley M. Barnes ; Leonard
L. Ewing, of Beaver Falls, Pa., on motion of Mr. Acting Solicitor
General Robert L. Stern; Hymen Lake, of Miami Beach, Fla., on
motion of Mr. Royal Flagg Jonas ; Duke W. Dunbar, of Denver, Colo.,
on motion of Mr. Will Shafroth; Samuel C. Hoyle, Jr., of Bryan,
Tex., on motion of Mr. Egbert R. Ferguson, Jr. ; Robert Gilliam Kit-
trell, Jr., of Henderson, N. C, on motion of Mr. Bennett H. Perry;
Raymond C. Kissack, of Willoughby, Ohio, on motion of Mr. David
D. Porter; Vincent P. Flood, of Chicago, 111., and Bernard J. Korzen,
of Chicago, 111., on motion of Mr. James C. Murray; Harry Clabaugh
Lamberton, of Taneytown, Md., on motion of Mr. Russell D. Bur-
chard; George Clark Pardee, of Omaha, Nebr., and Lloyd J. Marti,
of Lincoln, Nebr., on motion of Mr. Raymond A. Smith; R. Bruce
Jones, of Palm Beach, Fla., on motion of Mr. Linton M. Collins;Bryce
Rea, Jr., of Arlington, Va., and Henry A. Plattner, of Los Angeles,
Calif., on motion of Mr. William R. Pierce; Daniel H. Shertzer, of
Lancaster, Pa., on motion of Mr. Ray W. Nedrow ; Patrick L. Far-
nand, of Minneapolis, Minn., on motion of Mr. Reuben Goldberg;
Gerald T. Mullin, of Minneapolis, Minn., on motion of Mr. DonaldEvans; Eli H. Levenson, of San Diego, Calif., on motion of Mr.
Richard Connor; Fred Madison Williams, Jr., of Chattanooga, Tenn.,
on motion of Mr. William M. Burkhalter ; and Joseph John Walaity
,
of Silver Spring, Md., on motion of Mr. Robert H. Rumizen, were
admitted to practice.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 169. Luther Carlyle Wheeler, appellant, v. State of Mississippi.
Appeal from the Supreme Court of Mississippi. Per Curiam: Themotion for leave to proceed in forma pauperis is granted. • The appeal
is dismissed for want of jurisdiction. 28 U. S. 1257 (2). Treat-
ing the papers whereon the appeal was allowed as a petition for writ
of certiorari as required by 28 U. S. C. 2103, certiorari is denied. Mr.Justice Black and Mr. Justice Douglas are of the opinion certiorari
2'69533—53 10
MONDAY, OCTOBER 19, 1953 36
should be granted. The Chief Justice took no part in the consider-
ation or decision of this case.
No. 229. Koland O. Haines et al., Comprising Keystone Policy-
holders' Committee, appellants, v. Commonwealth of Pennsylvania
et al. Appeal from the Supreme Court of Pennsylvania, Middle Dis-
trict. Per Curiam: The motion to dismiss is granted and the appeal
is dismissed for the want of jurisdiction. 28 U. S. 1257 (2). Treat-
ing the papers whereon the appeal was allowed as a petition for writ
|
of certiorari as required by 28 U. S. C. 2103, certiorari is denied.
No. 5, Original. October Term, 1950. The State of New Jersey,
complainant, v. The State of New York and the City of New York.
The motion of the City of New York for leave to file an amendedpetition to modify the decree is granted and the parties are allowed
thirty days within which to answer the amended petition.
No. 8. Spottswood Thomas Boiling et al., petitioners, v. C. Melvin
Sharpe et al. The motion of petitioners to substitute Arcadia NearPhillips, Wesley S. Williams, West A. Hamilton, Mary H. Parker,
Walter N. Tobriner, Robert R. Faulkner, Margaret Just Butcher,
Rowland F. Kirks, and Harold A. Haynes, as parties respondent in
the place and stead of Lenore W. Smith, Woolsey W. Hall, Phillip T.
Johnson, Elvira Z. Magdeburger, Adelbert W. Lee, James A. Gannon,
Velma G. Williams, Albert E. Steinem and Garnet C. Wilkinson,
respectively, is granted.
No. 15. National Labor Relations Board, petitioner, v. Local UnionNo. 1229, International Brotherhood of Electrical Workers. Themotion for leave to file brief of Jefferson Standard Broadcasting Co.,
as amicus curiae, is denied.
No. 241. Tom We Shung, by his next Friend Tom Wing, petitioner,
v. Herbert Brownell, Jr., Attorney General of the United States, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit granted.
No. 129. James Jones, petitioner, v. The United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 176. Ethel V. Kelley, petitioner, v. William F. Rohn, Executor
of the Estate of Florence Hendricksen, Deceased. Petition for writ
of certiorari to the Supreme Court of Nebraska denied.
No. 213. M. and J. Tracy, Incorporated, petitioner, v. The United
States. Petition for writ of certiorari to the United States Court of
Claims denied.
MONDAY, OCTOBER 19, 195 3 37
No. 226. Reconstruction Finance Corporation, petitioner, v. Harri-
sons & Crosfield, Ltd., By Fred Pusinelli & Company, Incorporated,
Agent. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 232. Charles D. Clark, petitioner, v. The State of Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 237. West Texas Utilities Company, Incorporated and Price
Campbell, petitioners v. National Labor Relations Board and Inter-
national Brotherhood of Electrical Workers (AFL). Petition for
writ of certiorari to the United States Court of Appeals for the Dis-
trict of Columbia Circuit denied.
No. 243. Andrew Bros, of California, a Co-Partnership Composedof Fred Andrews, and Victor C. Andrews, petitioner, v. Central Pro-
duce Company. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 244. Livesay Window Company, Inc., petitioner, v. Livesay In-
dustries, Inc., and Everett G. Livesay Window Company, Inc. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
No. 246. Hanlon Brown, as County Treasurer of Sutter County,
State of California, et al., petitioners, v. Sutter Basin Corporation,
Ltd. Petition for writ of certiorari to the Supreme Court of Cali-
fornia denied.
No. 247. National Labor Relations Board, petitioner, v. Mid-Conti-
nent Petroleum Corporation. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 248. Schwegmann Brothers Giant Super Market et al., peti-
tioners, v. Eli Lilly & Company. Petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 250. The New York, New Haven and Hartford Railroad Com-pany, petitioner, v. John W. Leary. Petition for writ of certiorari to
the United States Court of Appeals for the First Circuit denied.
No. 252. Universal Manufacturing Company, a Corporation, et al.,
petitioners, v. Federal Trade Commission. Petition for writ of certi-
orari to the United States Court of Appeals for the Tenth Circuit
denied.
No. 253. Bush Terminal Buildings Company, petitioner, v. Com-missioner of Internal Revenue. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied.
No. 255. Strickland Transportation Company, Inc., petitioner, -v.
The United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
MONDAY, OCTOBER 19, 195 3 38
No. 257. Henry J. Jones, petitioner, v. Lykes Brothers Steamship
Company, Inc. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 258. United States of America, ex rel. Vincenzo Carrollo, also
known as Charles V. Carrollo, petitioner, v. A. H. Bode, District
Director, Immigration and Naturalization Service, Kansas City, Mis-
souri. Petitioner for writ of certiorari to the United States Court
of Appeals for the Eighth Circuit denied.
No. 259. Thomas W. Banks, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 177. Cap S. McElroy, petitioner, v. Perlina McElroy ; andNo. 245. Cap S. McElroy, petitioner, v. Cobourn, Yager, Notnagel,
Smith & Moran. Motions to dispense with the printing of the records
granted. Petitions for writs of certiorari to the Court of Appeals of
Ohio, Sixth Appellate District, denied.
No. 190. International Workers Order, Inc., petitioner, v. The Peo-
ple of the State of New York, by Alfred J. Bohlinger, Superintendent
of Insurance of the State of New York, et al. ; and
No. 283. Herman A. Seligson et al., petitioners, v. The People of
the State of New York, by Alfred J. Bohlinger, Superintendent of
Insurance of the State of New York. Petitions for writs of certiorari
to the Court of Appeals of New York denied. Mr. Justice Clark
took no part in the consideration or decision of these applications.
No. 235. George V. Tawes, petitioner, v. Cie. Des Messageries
Maritimes. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied. Mr. Justice Black and Mr.
Justice Douglas are of the opinion the petition should be granted.
No. 249. Levi Dal Santo, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied. Mr. Justice Black and Mr. Justice
Douglas are of the opinion the petition should be granted.
No. 254. In re : Citation of Sherman K. Levine, for Contempt of
Court, petitioner. Petition for writ of certiorari to the Supreme Court
of Pennsylvania, Western District, denied. Mr. Justice Black is of
the opinion certiorari should be granted.
No. 540, October Term, 1952. United States of America, petitioner,
v. Harry Gray Nugent ; and
No. 573, October Term, 1952. United States of America, petitioner,
v. Lester Packer. Petition for rehearing denied. Motions to correct
and for clarification of the opinion also denied. The Chief Justice
MONDAY, OCTOBER 19, 1953 39
and Mr. Justice Jackson took no part in the consideration or decision
of these applications.
No. '368, Misc. October Term, 1952. Florence McMillan Goodmanand Frances Brodsky, petitioners, v. Ed Leigh McMillan. Petition
for further consideration denied. The Chief Justice took no part
in the consideration or decision of this application.
No. 9, Misc. William Kemmerer, petitioner, v. Warden, Michigan
State Penitentiary, Jackson, Michigan. Petition for writ of certiorari
to the United States Court of Appeals for the Sixth Circuit denied.
No. 14, Misc. Jerry Ivy Helms, by Guardian Wilma Dene Helms,
and Wilma Dene Helms, Individually, petitioners, v. Universal Atlas
Cement Company. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 37, Misc. Wayman Clinton Hamilton, petitioner, v. United
States of America. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit denied.
No. 64, Misc. I. T. Jones, petitioner, v. State of Texas. Petition
for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 77, Misc. James Francis Hill, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 93, Misc. Jack Harlan, petitioner, v. Joseph E. Eagen, Warden,Illinois State Penitentiary, Joliet, Illinois. Petition for writ of cer-
tiorari to the Criminal Court of Cook County, Illinois, denied.
No. 94, Misc. Gene Flippin, petitioner, v. Joseph E. Eagen, Warden,Illinois State Penitentiary, Joliet, Illinois. Petition for writ of cer-
tiorari to the Circuit Court of Lake County, Illinois, denied.
No. 95, Misc. Daniel Howard, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 100, Misc. Alexander St. John, petitioner, v. Chief Justice
Joseph A. Graber et al. Petition for writ of certiorari to the Criminal
Court of Cook County, Illinois, denied.
No. 101, Misc. Geronimo J. Torres, etc., et al., petitioners, v. Hous-
ing Authority of the City of Los Angeles, California, etc., et al. Peti-
tion for writ of certiorari to the District Court of Appeal of California,
Second Appellate District, denied.
No. 110, Misc. Bennie Daniels and Lloyd Eay Daniels, petitioners,
v. State of North Carolina. Petition for writ of certiorari to the
Supreme Court of North Carolina denied.
MONDAY, OCTOBER 19, 1953 40
No. 113, Misc. Annie Mary Timmons, petitioner, v. Commissionerof Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 126, Misc. Herman Hayman, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 23, Misc. Bernard M. Shotkin, petitioner, v. Atchison, Topeka& Santa Fe R. R. Co. et al. Petition for writ of certiorari to the Dis-
trict Court in and for the City and County of Denver, Colorado,
denied for the reason that the application therefor was not madewithin the time provided by law.
No. 98, Misc. Eddie Thomas, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied for the reason that the applica-
tion therefor was not made within the time provided by law.
No. 61, Misc. Wesley Robert Wells, petitioner, v. State of Cali-
fornia. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied. The Chief Justice took no part
in the consideration or decision of this application.
No. 67, Misc. Verne Alfred Braasch and Melvin Leroy Sullivan,
petitioners, v. State of Utah. Petition for writ of certiorari to the
Supreme Court of Utah denied. Mr. Justice Black and Mr. Justice
Douglas are of the opinion certiorari should be granted.
No. 96, Misc. Edwin Paul Ahern, petitioner, v. Dr. W. F. Green,
Superintendent, Fairfield State Hospital, Newton, Connecticut; and
No. 97, Misc. Cecil S. Lucas, petitioner, v. W. H. Hiatt, Warden.
Motions for leave to file petitions for writs of habeas corpus denied.
The Court will take a recess from Monday, October 26, until Mon-day, November 9, next.
No. 31. United States of America, petitioner, v. Robert Patrick
Morgan. Leave granted Mr. Jacob Abrams to appear and present oral
argument for the respondent, pro hac vice, on motion of Miss Beatrice
Rosenberg in that behalf. Argued by Miss Beatrice Rosenberg for the
petitioner and by Mr. Jacob Abrams for the respondent, pro hac vice,
by special leave of Court.
No. 32. United States of America, appellant, v. Robert M. Harriss
et al. Argued by Mr. Oscar H. Davis for the appellant and by Mr.
Burton K. Wheeler for the appellee, Robert M. Harriss, and by Mr.
Hugh Howell for the appellee, Tom Linder.
MONDAY, OCTOBER 19, 195 3 41
No. 35. Manuel S. Madruga, petitioner, v. Superior Court of the
State of California, in and for the County of San Diego. Argumentcommenced by Mr. Eli H. Levenson for the petitioner and continued
by Mr. Northcutt Ely for the respondent. Memorandum to comefrom petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, October 20, will be as follows : Nos. 35,
38, 51 (52, 53, 54, and 55), 44, 50, 56, 57, 39, and — Original,
State of Arkansas v. State of Texas.
X
TUESDAY, OCTOBER 2 0, 1953 42
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Francis J. Kelly, of Syracuse, N. Y., and Stephen F. Dunn, of
Grand Rapids, Mich., on motion of Mr. John F. Davis; William
Frederick Werner, of Providence, R. I., on motion of Mr. J. HowardMcGrath; James Joseph Doherty, of Baltimore, Md., on motion of
Mr. William Hoffenberg; Francis J. Myers, of Philadelphia, Pa.,
Cornelius C. O'Brien, of Philadelphia, Pa., Joseph F. McVeigh, of
Philadelphia, Pa., and Joseph C. Mansfield, of Philadelphia, Pa., on
motion of Mr. Thomas Gardiner Corcoran; Seymour Abrams, of
Milwaukee, Wis., on motion of Mr. Albert J. Clark; Frederick
Aloysius Weithman, Jr., of Washington, D. C., on motion of Mr.
Daniel F. Cleary ; Mariette McGregor Creel, of Austin, Tex., on motion
of Mr. E. Jake Jacobsen; Sidney Gene Handler, of Harrisburg, Pa.,
on motion of Mr. Morris P. Glushien; E. J. Ball, of Fayetteville,
Ark., on motion of Mr. Bennett Boskey; John W. Sims, of NewOrleans, La., and Daniel Huttenbrauck, of New York, N. Y., on
motion of Mr. Frank A. Bull ; J. Ward O'Neill, of New York, N. Y., on
motion of Mr. John T. Casey ; and Irwin S. Landau, of Silver Spring,
Md s , on motion of Mr. Harry Saidman, were admitted to practice.
No. 35. Manuel S. Madruga, petitioner, v. Superior Court of the
State of California, in and for the County of San Diego. Argumentconcluded by Mr. Northcutt Ely for the respondent.
No, 38. Julius Salsburg, appellant, v. State of Maryland. Leave
granted Mr. Ambrose T. Hartman to appear and present oral argu-
ment for the appellee, pro hac vice, on motion of Mr. Herbert Myer-berg in that behalf. Argued by Mr. Herbert Myerberg for the appel-
lant and by Mr. Ambrose T. Hartman for the appellee, pro hac vice,
by special leave of Court.
No. 51. United States of America, petitioner, v. Henry Debrow;No. 52. United States of America, petitioner, v. James H. Wilkin-
son;
No. 53. United States of America, petitioner, v. Roy F. Brashier;
No. 54. United States of America, petitioner, v. Curtis Rogers;
and .
269533—53 11
TUESDAY, OCTOBER 20, 195 3 43
No. 55. United States of America, petitioner, v. Forrest B. Jack-
son. Argued by Mr. John F. Davis for the petitioner and by Mr.
Ben F. Cameron for the respondents.
No. 44. Avondale Marine Ways, Inc., petitioner, v. Joseph H.
Henderson, Deputy Commissioner, et al. Argued by Mr. Frank A.
Bull for the petitioner and by Mr. Melvin Richter for the respondents.
No. 50. Victor Emanuel Pereira and Eugene H. Brading, peti-
tioners, v. The United States of America. Argued by Mr. Charles L.
Sylvester for the petitioners and by Mr. John R. Wilkins for the
respondent.
No. 56. Joseph Garner and A. Joseph Garner, Trading as Central
Storage and Transfer Company, petitioners, v. Teamsters, Chauffeurs
and Helpers Local Union No. 776 (A. F. L.) et al. Argument com-
menced by Mr. James H. Booser for the petitioners.
A.journed until tomorrow at 12 o'clock.
The day call for Wednesday, October 21, will be as follows : Nos. 56,
57, 39, and— Original, State of Arkansas v. State of Texas.
x
WEDNESDAY, OCTOBER 21, 1953 44
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
John T. Roche, of Lewiston, Maine, and Carl B. Prestin, of Cham-paign, 111., on motion of Mr. Reginald Carl Harmon; E. G. Mathis,
of Rantoul, 111., on motion of Mr. Elmore Whitehurst; Johnston
Murray, of Oklahoma City, Okla., on motion of Mr. Elmer Thomas
;
Grace White, of Lapeer, Mich., on motion of Mr. J. Austin Stone;
R. Belladonna Villines Coenen, of Chicago, 111., on motion of Mr.
James Mcl. Henderson; George Van Tuyl Powell, of Seattle, Wash.,
on motion of Mr. William T. Beeks; Myron S. Isaacs, of Silver
Spring, Md., on motion of Mr. Roger S. Foster; John ThomasSchneider, of Washington, D. C, and Leonard Kirschner, of Cin-
cinnati, Ohio, on motion of Mr. Newell W. Ellison;Murdaugh Stuart
Madden, of Washington, D. C, on motion of Mr. J. Warren Madden;John A. Lilygren, of Inglewood, Calif., on motion of Mr. Hugh T.
Fullerton; David J. Mays, of Richmond, Va., on motion of Mr. Jules
G. Korner, III ; John Langford Currin, of Bethesda, Md., and Harold
Martin Carter, of Alexandria, Va., on motion of Mr. Edward M.Shulman; Edward T. Tait, of Pittsburgh, Pa., on motion of Mr.
Ralph H. Demmler; Harley H. Timbers, of Glen Ridge, N. J., on
motion of Mr. William H. Timbers; Ralph D. Ray, of New York,
N. Y., on motion of Mr. Horace G. Hitchcock ; Daniel Stanley Garrity,
of Kansas City, Mo., on motion of Mr. Albert L. Reeves, Jr.; and
Isaac Nathan Groner, of Silver Spring, Md., on motion of Mr. Samuel
Brian Groner, were admitted to practice.
No. 56. Joseph Garner and A. Joseph Garner, Trading as Central
Storage and Transfer Company, petitioners, v. Teamsters, Chauffeurs
and Helpers Local Union No. 776 (A. F. L.), et al. Argument con-
tinued by Mr. James H. Booser for the petitioners and concluded byMr. Sidney G. Handler for the respondents.
269533—53 12
WEDNESDAY, OCTOBER 21, 1953 45
No. 57. George Lewis Dickinson, petitioner, v. United States of
America. Argued by Mr. Hayden C. Covington for the petitioner
and by Mr. Robert W. Ginnane for the respondent.
No. 39. Anthony Wilko, petitioner, v. Joseph E. Swan et al., Indi-
vidually and Doing Business Under the Firm Name and Style of
Hayden Stone and Co., et al. Argued by Mr. Richard H. Wels for
the petitioner, by Mr. William H. Timbers for the Securities Exchange
Commission amicus curiae, by special leave of Court, and by Mr.
Horace G. Hitchcock for the respondents.
No.,Original. State of Arkansas, complainant, v. State of
Texas. Argument on the motion for leave to file the complaint and
return to rule to show cause commenced by Mr. Thomas J. Gentry for
the complainant and continued by Mrs. Marietta McGregor Creel and
Mr. William H. Holloway for the defendants and concluded by Mr.
E. J. Ball for the complainant.
Adjourned until Monday, October 26, next, at 12 o'clock,
x
MONDAY, OCTOBER 26, 195 3 46
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Robert J. Reed, of Atlanta, Ga., Stephen A. Fuschino, of New York,
N. Y., Joel E. Ogle, of Santa Ana, Calif., and Herman S. Greitzer, of
New York, N. Y., on motion of Mr. Oscar H. Davis ; James M. Halter,
of Indianapolis, Ind., Cornelius G. Jamison, of Indianapolis, Ind.,
Roger L. Swanson, of Indianapolis, Ind., Noble James McClure, of
Indianapolis, Ind., Alva N. Lucas, of New Albany, Ind., Wm. A.
Conner, of Columbus, Ind., Erie A. Kightlinger, of Indianapolis, Ind.,
Samuel J. Mantel, of Indianapolis, Ind., Robert S. Smith, of In-
dianapolis, Ind., John R. Flynn, of Fort Wayne, Ind., and Vern W.Ruble, of Bloomington, Ind., on motion of Mr. Reginald Carl Har-
mon; Edna Marion Lingreen, of Iowa City, Iowa, on motion of Miss
Louisa Wilson;Jasper S. Gullo, of Springfield, 111., and G. H. Kelsoe,
Jr., of Dallas Tex., on motion of Mr. Elmore Whitehurst ; Thomas N.
Fowler, of Seattle, Wash., on motion of Mr. Henry J. Vinskey ; Ver-
non W. Wenger, of Columbus, Ohio, Robert F. Ebinger, of Columbus,
Ohio, and Arvin J. Alexander of Columbus, Ohio, on motion of Mr.
Joseph B. Friedman; Daniel Perkins Smith Paul, of Miami, Fla., on
motion of Mr. Heber H. Rice ; Robert V. P. Maine, of Du Bois, Pa.,
on motion of Mr. Robert E. Lee Hall ; Edward P. Simpkins, Jr., of
Richmond, Va., on motion of Mr. Martin A. Meyer, Jr. ; Edmund A.
Stephan, of Chicago, 111., on motion of Mr. Weston B. Grimes; JohnD. Amos, of Fairmont, W. Va., and William P. Lehman, of Fairmont,
W. Va., on motion of Mr. August G. Gutheim ; Warren A. Silver, of
Arlington, Va., on motion of Mr. Samuel T. Parelman; WilliamsonPell, Jr., of New York, N. Y., on motion of Mr. Robert Holt Myers;
Charles B. Cash, of Kansas City, Mo., on motion of Mr. James N.
Beery ; Robert U. Hastings, Jr., of Lancaster, Ohio, on motion of Mr.Charles A. Webb ; Claude Loftus Rowe, of Fresno, Calif., on motionof Mr. Northcutt Ely ; Charles W. Tessmer, of Dallas, Tex., on motionof Mr. E. Jake Jacobsen ; William J. McLeod, Jr., of Coral Gables,
Fla., and C. Reed Liggit, of Coral Gables, Fla., on motion of Mr.Stephen J. Angland ; Abraham Satovsky, of Detroit, Mich., on motionof Mr. Israel J. Mendelson ; Daniel A. Weber, of Beverly Hills, Calif.,
on motion of Mr. Henry J. Fox ; Melvin M. Feldman, of Wheaton, Md.,on motion of Mr. Louis N. Nichols ; John T. Lorch, of Chicago, HI.,
269533—53 13
MONDAY, OCTOBER 26, 1953 47
and H. Templeton Brown, of Chicago, 111., on motion of Mr. James
F. Reilly;George A. Brenner, of New York, N. Y., on motion of Mr.
Abraham J. Harris ; William F. Joy, of Wakefield, Mass., on motion of
Mr. Earl G. Spiker;George Patrick Lordan, of Cambridge, Mass., and
Herbert E. Tucker, Jr., of Boston, Mass., on motion of Mr. Frank D.
Eeeves; Templeton Smith, of Pittsburgh, Pa., and Nellie Margaret
Fergus, of Pittsburgh, Pa., on motion of Mr. Ralph H. Demmler;Thomas Coyne, of New York, N. Y., on motion of Mr. Robert E. Kline
;
and John Milton Costello, of Cleveland, Ohio, on motion of Mr. Donald
H. Dalton, were admitted to practice.
The Chief Justice announced the following orders of the Court
:
No. 383. Ruth F. Barlow, William B. Campbell, William M.
Brenn, et al., etc., appellants, v. The A. P. Smith Manufacturing
Company and Theodore D. Parsons, Attorney General of New Jersey.
Appeal from the Supreme Court of New Jersey. Per Curiam: Theappeal is dismissed for the want of a substantial federal question.
No. 412. People of the State of Illinois on relation of George E.
Sankstone, appellant, v. Edmund K. Jarecki, Judge of the County
Court of Cook County, Illinois, et al. Appeal from the United States
District Court for the Northern District of Illinois. Per Curiam:
The motions to dismiss are granted and the appeal is dismissed for
the want of a substantial federal question.
The Chief Justice said
:
"The other orders of the Court appear upon the list certified by
the Chief Justice and filed with the Clerk and will not be announced
orally."
No. — Original. State of Alabama, complainant, v. State of Texas
et al. The motions of the defendants for time within which to file
objections to the motion for leave to file the complaint are granted, and40 days are allowed for that purpose. The Chief Justice took no part
in the consideration or decision of these motions.
No. 11, Original. The State of Mississippi, plaintiff, v. The State
of Louisiana. It is ordered that D. K. McKamy, Esquire, of Bir-
mingham, Alabama, be, and he is hereby, appointed special master in
this cause, with authority to summon witnesses, issue subpoenas, andtake such evidence as may be introduced and such as he may deemit necessary to call for. The master is directed to find the facts
specially and state separately his conclusions of law thereon, and to
submit the same to this Court with all convenient speed, together with
a draft of the decree recommended by him. The findings, conclusions,
MONDAY, OCTOBER 26, 195 3 48
and recommended decree of the master shall be subject to considera-
tion, revision, or approval by the Court. The master shall be allowed
his actual expenses and a reasonable compensation for his services
to be fixed hereafter by the Court. The allowances to him, the com-
pensation paid to his stenographic and clerical assistants, and the
cost of printing his report shall be charged against and be borne by
the parties in such proportion as the Court hereafter may direct. If
the appointment herein made of a master is not accepted, or if the
place becomes vacant during the recess of the Court, the Chief Justice
shall have authority to make a new designation which shall have the
same effect as if originally made by the Court herein.
No. 274. Commercial Pictures Corporation, appellant, v. The Re-
gents of the University of the State of New York. Appeal from the
Court of Appeals from the State of New York. In this case prob-
able jurisdiction is noted. The case is transferred to the summarydocket and assigned for argument immediately following No. 217.
No. 271. William Adams, petitioner, v. State of Maryland. Thepetition for writ of certiorari to the Court of Appeals of Marylandis granted limited to question No. I presented by the petition for the
writ.
No. 128, Misc. A. Elwood North, petitioner, v. State of Florida.
The motion for leave to proceed in forma pauperis is granted. Thepetition for writ of certiorari to the Supreme Court of Florida is
granted and the case is transferred to the appellate docket.
No. 104. Lewis M. Dabney, Jr., as Trustee of Associated Gas and
Electric Company, Debtor, petitioner, v. The Chase National Bank of
the City of New York ; and
No. 105. The Chase National Bank of the City of New York, peti-
tioner, v. Lewis M. Dabney, Jr., as Trustee. Petitions for writs of
certiorari to the United States Court of Appeals for the Second Cir-
cuit dismissed per stipulation of counsel.
No. 167. Stuyvesant Town Corporation, a Corporation, petitioner,
v. The United States. Petition for writ of certiorari to the United
States Court of Claims denied.
No. 260. Morris S. Kitzen, petitioner, v. The People of the State
of New York. Petition for writ of certiorari to the Court of Appealsof New York denied.
No. 263. James F. Maroney, Successor to J. W. Claudy, Warden,Western State Penitentiary, petitioner, v. United States of America,
MONDAY, OCTOBER 26, 1953 49
ex rel. David Darcy. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 266. Frank J. Falsone, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 269. Virginia Metal Products Corporation, petitioner, v.
James Hay Taylor. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 270. Walter Rouse, petitioner, v. State of Maryland. Petition
for writ of certiorari to the Court of Appeals of Maryland denied.
No. 275. Public Common Stockholders Protective Committee, peti-
tioners, v. Arkansas Natural Gas Corporation et al. Petition for writ
of certiorari to the United States Court of Appeals for the Third
Circuit denied.
No. 276. Woodruff L. Clark, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 277. General Artists Corporation, petitioner, v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 278. Joseph H. Hirshhorn, petitioner, v. Mine Safety Appli-
ances Company et al. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 282. J. B. Londono, petitioner, v. Citizens National Trust andSavings Bank of Los Angeles et al. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 284. Seacoast Gas Company, Inc. and St. Paul Mercury In-
demnity Company, as Surety, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 285. Federal Insurance Company et al., petitioners, v. Isbrandt-
sen Company, Inc. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 286. Millard Narehood et al., Taxpayers of Clearfield County,
petitioners, v. A. W. Pearson et al., County Commissioners of Clear-
field County, etc. Petition for writ of certiorari to the Supreme Courtof Pennsylvania, Eastern District, denied.
No. 288. Johnson and Johnson, petitioner, v. Q-Tips, Inc. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 290. Tito Neri, Doing Business Under the Name of Impresadi Salvataggi Fratelli Neri (Neri Brothers Salvage Enterprise)
,
MONDAY, OCTOBER 26, 1953 50
petitioner, v. United States of America. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Second Circuit
denied.
No. 292. William C. Ferguson and Annie Mae Fellers, Admin-istratrix of the Estate of Lonnie Moore, Deceased, petitioners, v. Phil-
adelphia Transportation Company. Petition for writ of certiorari
to the United States Court of Appeals for the Third Circuit denied.
No. 293. William E. Cooper, petitioner, v. Dewitt Sinclair, as Cus-
todian of the Lakeland City Jail. Petition for writ of certiorari
to the Supreme Court of Florida denied.
No. 236. Fannie Mae Whittington, petitioner, v. Dr. John D.
Johnston et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied. Mr. Justice Black
and Mr. Justice Douglas are of the opinion the petition should be
granted.
No. 265. Mildred M. Wetherbee, Administratrix of the Estate of
John P. Wetherbee, Deceased, petitioner, v. Elgin, Joliet and Eastern
Eailway Company. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied. Mr. Justice
Black and Mr. Justice Douglas are of the opinion the petition should
be granted.
No. 65, Misc. Anna Marie Holland, petitioner, v. Safeway Stores,
Inc. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied for the reason
that application therefor was not made within the time provided by
law.
No. 82, Misc. Edward B. McCullough, petitioner, v. United States
Fidelity & Guaranty Co. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
Adjourned until Monday, November 9, next, at 12 o'clock.
The day call for Monday, November 9, will be as follows : Nos. 5, 6,
7,11, 34, 61, and 87.
x
SoMONDAY, NOVEMBER 9, 1953 51
SUPREME COUET OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Emanuel Butter of New York, N. Y., on motion of Mr. DavidFindling; Robert James Rosthal, of New York, N. Y., Frederick J.
Rundbaken, of Hartford, Conn., and Charles Levine, of Washington,
D. C, on motion of Mr. Acting Solicitor General Robert L. Stern;
Archie H. Cohen, of Chicago, 111., on motion of Mr. Henry P.
Chandler; Jack Streeter, of Reno, Nev., on motion of Mr. Thos. C.
Hennings, Jr.; Henry T. Rathbun, of Washington, D. C, on motion
of Mr. John H. Pickering; Richard M. Taylor, of Spanish Fork,
Utah, on motion of Mr. Charles Morris Irelan; George Franklin
Gilleland, of Miami, Fla., on motion of Mr. William D. Donnelly;
Matto Paul Scalici, of Birmingham, Ala., Clifford Walker Norris,
of Birmingham, Ala., and William Soroka, of Birmingham, Ala.,
on motion of Mr. Frank M. Ludwick; John Joseph Schlick, of
Washington, D. C, on motion of Mr. E. C.Alvord ; Wilfred L. Davis,
of New York, N. Y., on motion of Mr. William A. Blank ; Richard W.Tompkins, of Washington, D. C, on motion of Mr. Reginald B.
Jackson; Gerard M. Bloomfield, of New York, N. Y., on motion of
Mr. Jerry N. Griffin; Agnes M. Kasper, of Chicago, 111., on motion
of Mrs. Carolyn Royall Just; Regina Brelsford, of Houston, Tex.,
on motion of Mr. W. D. McFarlane;Stanley J. Madden, of San Fran-
cisco, Calif., and James Philip Bowman, of San Francisco, Calif., on
motion of Mr. Rolla C. Van Kirk ; Ira D. Dorian, of Cranford, N. J.,
on motion of Mr. Cornelius J. Peck;Timothy D. Parkman, of Tucson,
Ariz., on motion of Mr. Henry G. Zipf ; Adele Braelow, of Newark,N. J., on motion of Mr. Leonard J. Emmerglick; Dugald S. Mc-Dougall, of Chicago, 111., on motion of Mr. William B. Kerkam;Walter Loring Broomhall, of Englewood, Colo., and Byron McRey-nolds Myers, of Denver, Colo., on motion of Mr. Norris C. Bakke;Thomson F. Edwards, of Philadelphia, Pa., on motion of Mr. HaroldF. Watson ; J. B. H. Carter, of Philadelphia, Pa., on motion of Mr.
William B. Jones ; James Curry Bernhardt, of Washington, D. C, onmotion of Mr. Charles F. Diggs; Douglas C. McKeever, of Enid,
Okla., on motion of Mr. Roscoe Rizley; Voula Davanis Waters, of
Los Angeles, Calif., and Laughlin E. Waters, of Los Angeles, Calif.,
on motion of Mr. Northcutt Ely ; John Mulford, of Philadelphia, Pa.,
on motion of Mr. M. Quinn Shaughnessy: Charles Rothenberg, of
2605^3— 5-'i 14
MONDAY, NOVEMBER 9, 195 3 52
Takoma Park, Md., on motion of Mr. David S. Allshouse; Charles A.Loring, of Los Angeles, Calif., on motion of Mr. William H. Dorsey,
Jr. ; Howard I. Bobbitt, of Portland, Oreg., on motion of Mr. Daniel
L. O'Connor; and LeRoy S. Maxwell, of Waynesboro, Pa., on motion
of Mr. C. F. R. Ogilby ; were admitted to practice.
No. 22. The Atchison, Topeka and Santa Fe Railway Company,appellant, v. Public Utilities Commission of the State of California
and City of Los Angeles ; and
No. 43. Southern Pacific Company, appellant, v. Public Utilities
Commission of California et al. Appeals from the Supreme Court of
the State of California. Judgments affirmed with costs. Opinion
by Mr. Justice Minton. The Chief Justice took no part in the consid-
eration or decision of these cases.
No. 27. S. G. Olberding, Doing Business as Vess Transfer Com-pany, and Charles Darnell, petitioners, v. Illinois Central Railroad
Company, Inc. On writ of certiorari to the United States Court of
Appeals for the Sixth Circuit. Judgment reversed with costs and
case remanded to the United States District Court for the Western
District of Kentucky for proceedings in conformity with the opinion
of this Court. Opinion by Mr. Justice Frankfurter. Mr. Justice
Douglas concurs in the result. Dissenting opinion by Mr. Justice
Reed in which Mr. Justice Minton joins.
No. 30. Louis Lober et al., as Executors of the Last Will and Testa-
ment of Morris Lober, Deceased, petitioners, v. The United States.
On writ of certiorari to the United States Court of Claims. Judg-
ment affirmed. Opinion by Mr. Justice Black. Mr. Justice Douglas
and Mr. Justice Jackson dissent.
No. 20. Hugh A. Voris, Deputy Commissioner, Bureau of Em-ployees' Compensation, U. S. Department of Labor, etc., petitioner, v.
Charles Eikel and B. D. Harris, d/b/a Southern Stevedoring & Con-
tracting Company, et al. On writ of certiorari to the United States
Court of Appeals for the Fifth Circuit. Judgment reversed andcase remanded to the United States District Court for the Southern
District of Texas for such further proceedings as it deems necessary,
not inconsistent with the opinion of this Court. Opinion by Mr.
Chief Justice Warren.
No. 18. George Earl Toolson, petitioner, v. New York Yankees,
Inc., et al. On writ of certiorari to the United States Court of Ap-peals for the Ninth Circuit
;
No. 23. Walter J. Kowalski, petitioner, v. Albert B. Chandler,
Individually and as Commissioner of Baseball, et al. On writ of
certiorari to the United States Court of Appeals for the Sixth Circuit;
and
MONDAY, NOVEMBER 9, 195 3
No. 25. Jack Corbett and El Paso Baseball Club, Inc., petitioners,
v. Albert B. Chandler, Individually and as Commissioner of Base-
ball, et al. On writ of certiorari to the United States Court of Ap-peals for the Sixth Circuit. Judgments affirmed with costs. No. 18
is remanded to the United States District Court for the Southern
District of California. Nos. 23 and 25 are remanded to the United
States District Court for the Southern District of Ohio. Opinion
per curiam announced by Mr. Chief Justice Warren. Dissenting
opinion by Mr. Justice Burton in which Mr. Justice Reed concurs.
No. 44. Avondale Marine Ways, Inc., petitioner, v. Joseph H. Hen-derson, Deputy Commissioner, et al. On writ of certiorari to the
United States Court of Appeals for the Fifth Circuit. Judgmentaffirmed and case remanded to the United States District Court for
the Eastern District of Louisiana. Opinion per curiam announced byMr. Chief Justice Warren. Concurring opinion by Mr. Justice Doug-las. Opinion by Mr. Justice Burton concurring in the affirmance of
the judgment of the Court of Appeals. Mr. Justice Reed took no
part in the consideration or decision of this case.
The Chief Justice announced the following order of the Court
:
No. 323. Wallace C. Franklin, Jr., Regional Counsel, Wage Stabi-
lization Board, Region X., et al., appellants, v. Jonco Aircraft Corpor-
ation, a Delaware Corporation, of Shawnee, Oklahoma. Appeal fromthe United States District Court for the Northern District of Texas.
Per curiam: The appellee having failed to exhaust its administrative
remedy, the judgment is reversed. Myers v. Bethlehem Shipbuilding
Corp., 303 U. S. 41 ; Public Service Commission of Utah v. WycoffCompany, Inc., 344 U. S. 237, 246.
The Chief Justice said
:
"The other orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 308. The New Jersey and New York Railroad Company, ap-
pellant, v. Board of Public Utility Commissioners of the State of NewJersey et al. Appeal from the Supreme Court of New Jersey ; andNo. 343. G. Seals Aiken, appellant, v. William Richardson. Ap-
peal from the Supreme Court of Georgia. Per curiam: The motions
to dismiss are granted and the appeals are dismissed for the want of a
substantial federal question.
No. 309. Nicholas J. Tweel, appellant, v. West Virginia RacingCommission, a Statutory Corporation, et al. Appeal from the
Supreme Court of Appeals of West Virginia ; and
MONDAY, NOVEMBER 9, 1953 54
No. 320. Mark William Sackett, appellant, v. State of Louisiana.
Appeal from the Criminal District Court for the Parish of Orleans,
Louisiana, Appellate Division. Per curiam: The appeals are dis-
missed for the want of a substantial federal question.
No. 315. The Western Union Telegraph Company and Charles H.
Frake, appellants, v. State of New Jersey. Appeal from the SupremeCourt of the State of New Jersey. Per curiam: The motion to dismiss
is granted and the appeal is dismissed for the want of a substantial
federal question. Mr. Justice Black and Mr. Justice Reed are of the
opinion that probable jurisdiction should be noted.
No. 325. Columbia Properties, Incorporated, appellant, v. State
Board of Tax Commissioners of the State of Indiana, et al. Appeal
from the Supreme Court of Indiana. Per curiam: The motion to
dismiss is granted and the appeal is dismissed for the want of juris-
diction. 28 U. S. C. 1257 (2). Treating the papers whereon the ap-
peal was allowed as a petition for writ of certiorari as required by28 U. S. C. 2103, certiorari is denied. Mr. Justice Black and Mr.
Justice Douglas are of the opinion that probable jurisdiction should
be noted.
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.
;
No. 199. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.
;
No. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. ; and
No. 201. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. The motion
to advance is denied.
No. 335. General Electric Company and United States of America,
appellants, v. The State of Washington. Appeal from the SupremeCourt of Washington. In this case probable jurisdiction is noted andthe case is transferred to the summary docket.
No. 300. Herbert Brownell, Attorney General of the United States,
petitioner, v. Serge Rubinstein. Petition for writ of certiorari to the
United States Court of Appeals for the District of Columbia Circuit
granted.
No. 318. Allan Gordon and Eli Tempkin, petitioners, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Tenth Circuit granted and case trans-
ferred to the summary docket. Motion to use the certified record in
No. 688, October Term, 1952, granted.
MONDAY, NOVEMBER 9, 195 3 55
No. 347. Vito Giallo, Antonino Valenti and Joseph C. Juliano, pe-
titioners, v. United States of America. Petition for writ of certiorari
to the United States Court of Appeals for the Second Circuit granted
and case transferred to the summary docket.
No. 189. Michael Battiato, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 267. Paul J. Glenn and Harvey C. Summers, petitioners, v<
People of the State of Illinois. Petition for writ of certiorari to the
Supreme Court of Illinois denied.
No. 279. Winifred McCoy, petitioner, v. Paul Siler and T. A. Siler?
Individually and Trading as Siler Brothers, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Third
Circuit denied.
No. 294. Fred J. Howarth, petitioner, v. Mae K. Howarth. Peti-
tion for writ of certiorari to the District Court of Appeal of Cali-
fornia, Second Appellate District, denied.
No. 295. Estate of Arthur S. Dwight, Deceased, Barbara ChapinHamby and Joseph C. Benson, Executors, petitioners, v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit, denied.
No. 296. Eureka Williams Corporation, petitioner, v. Wilmer E.
McCorquodale. Petition for writ of certiorari to the United States
Court of Customs and Patent Appeals denied.
No. 297. Frank B. Watson, Jr., petitioner, v. Sinclair Refining
Company, a Corporation. Petition for writ of certiorari to the Su-
preme Court of Florida denied.
No. 298. Bertie C. Forbes, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 301. Maurice A. Garbell, Inc., a Corporation, et al., petitioners,
v. Consolidated Vultee Aircraft Corporation, a Corporation, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 302. August P. Kugler, petitioner, v. Philadelphia Fire and
Marine Insurance Company of Philadelphia, Pennsylvania. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
No. 303. Raymond B. Fisher, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
269533—53—15
MONDAY, NOVEMBER 9, 1953 56
No. 305. Lynn Chastain, petitioner, v. Henry A. McKinney et al.
Petition for writ of certiorari to the United States Court of Appealsfor the Sixth Circuit denied.
No. 306. Estate of Lloyd E. Crellin, Deceased, Central Bank, a
Corporation, Executor, et al., petitioners, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 310. Marine Welding, Scaling and Sales Company, Incorpo-
rated, et al., petitioners, v. Carolyn Ann Ellis, et al. Petition for
writ of certiorari to the United States Court of Appeals for the Fifth
Circuit denied.
No. 312. Adelaida Lita Demos, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied.
No. 314. Charles K. Whitworth and Estate of Sarah M. Whit-worth, Charles R. Whitworth, Executor, petitioners, v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 316. John Cifolo, Fred Cope, Joseph Cisulo, et al., petitioners,
v. General Electric Company. Petition for writ of certiorari to the
Court of Appeals of New York denied.
No. 317. Elisabeth Wenning Goepp, Individually and as Adminis-
tratrix, etc., petitioner, v. American Overseas Airlines, Incorporated.
Petition for writ of certiorari to the Court of Appeals of NewYork denied.
No. 321. Bradley Mining Company, a Corporation, petitioner, v.
Edward H. Boice. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 324. J. and L. Snouffer, Incorporated, etc., petitioner, v. Wil-
bur B. Adams, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Sixth Circuit denied.
No. 327. Mary B. Johnson, petitioner, v. James N. Johnson. Peti-
tion for writ of certiorari to the Court of Appeals of Maryland denied.
No. 328. Commonwealth of Pennsylvania, petitioner, v. Mellon
National Bank and Trust Company, Successor to Mellon National
Bank. Petition for writ of certiorari to the Supreme Court of Penn-
sylvania, Middle District, denied.
No. 333. Everett Ward Hack, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 334. Nina Dye Works Co., Inc., petitioner, v. National Labor
Relations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
MONDAY;NOVEMBER 9, 195 3 57
No. '336. United States of America, petitioner, v. Mrs. Millie
Landsman. Petition for writ of certiorari to the United States Courtof Appeals for the District of Columbia Circuit denied.
No. 337. United States of America, petitioner, v. Elizabeth C.
Morrell. Petition for writ of certiorari to the United States Court
of Appeals for the Fourth Circuit denied.
No. 338. Mose Hightower, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 339. Avondale Marine Ways, Inc., petitioner, v. Sadie AnthonyWilson, Individually, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 340. Wallace O. Leonard, Harry W. Holt, Eodney B. Pierce,
et al., petitioners, v. Commissioner of Internal Revenue. Petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit denied.
No. 341. White Cap Company, petitioner, v. Owens-Illinois Glass
Company. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 345. John Boyd, District Director of Immigration and Natu-
ralization Service, and Robert D. Cummings, petitioners, v. Ernest
Arcebal Mangaoang. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 346. Eugene F. Evarts, petitioner, v. Eloy Gin Corporation
et al. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 348. George Kemp Real Estate Company, petitioner, v. Com-missioner of Internal Revenue. Petition for writ of certiorari to
the United States Court of Appeals for the Second Circuit denied.
No. 350. The Lawrence-Cedarhurst Bank, petitioner, v. Mortimer
J. Davis, Trustee. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 264. Jeffery M. Addison, James Aaron, et al., petitioners, v.
Huron Stevedoring Corp., Bay Ridge Operating Co., Inc. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Mr. Justice Douglas is of the opinion cer-
tiorari should be granted.
No. 313. Nelson L. Drummond, Jr., petitioner, v. Commonwealthof Virginia. Motion to dispense with printing petition and record
granted. Petition for writ of certiorari to the Supreme Court of
Appeals of Virginia denied.
No. 322. Iowa State Traveling Men's Association, petitioner, v.
Martha Scott Parmalee. Petition for writ of certiorari to the United
MONDAY, NOVEMBER 9, 1953 58
States Court of Appeals for the Fifth Circuit denied. Mr. Justice
Reed and Mr. Justice Jackson are of the opinion certiorari should
be granted.
No. 326. Edmond C. Fletcher, petitioner, v. Katharina Nostadt
et al. Motion to proceed on typewritten copies of the record and
petition granted. Motion to dispense with printing brief for re-
spondent granted. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit denied.
No. 308, October Term, 1952. Elizabeth H. Dalehite, Henry G.
Dalehite, Jr., et al., petitioners, v. United States of America. Motionfor leave to file petition for rehearing denied. The Chief Justice,
Mr. Justice Douglas and Mr. Justice Clark took no part in the con-
sideration or decision of this motion.
No. 139. Erik A. Bertel, Laurits Sorensen, Borge A. R. Jensen,
et al., petitioners, v. Panama Transport Company et al. Motion for
leave to file petition for rehearing denied. The Chief Justice took
no part in the consideration or decision of this motion.
No. 74. Bernice Feitler and Irwin Feitler, Individually and Trad-
ing as Gardner and Company, petitioners, v. Federal Trade
Commission
;
No. 122. Martin O. Weisbrod, petitioner, v. The United States of
America
;
No. 131. John Collins, appellant, v. The People of the State of
California
;
No. 135. Marvin L. Gehman, petitioner, v. Frances R. Smith, Col-
lector of Internal Revenue
;
No. 146. James P. Finnegan, petitioner, v. United States of Amer-ica;
No. 151. Eva Simpson, Betty Burrell, and Grace Proudfoot, etc.,
et al., appellants, v. City of Los Angeles, George E. Uhl, Richard L.
Bonner, et al.
;
No. 164. Hy Goldbaum, George Capri, and Edward Cooke, peti-
tioners, v. United States of America
;
No. 214. Joseph A. Daugherty, petitioner, v. The People of the
State of California
;
No. 268. John Daniel Brown, appellant, v. People of the State of
Illinois
;
No. 45, Misc. Ex parte Robert Keith Cooper, petitioner
;
No. 86, Misc. Robert Hendrickson, petitioner, v. F. S. Baldi,
Superintendent, Philadelphia County Prison, Pennsylvania ; andNo. 113, Misc. Annie Mary Timmons, petitioner, v. Commissioner
or Internal Revenue. Petitions for rehearing denied. The Chief
MONDAY, NOVEMBER 9, 1953 59
! Justice took no part in the consideration or decision of these
applications.
No. 388, Misc., October Term, 1952. Frank A. Hourihan, petitioner,
v. National Labor Relations Board et al. Third petition for rehear-
ing denied. The Chief Justice took no part in the consideration or
decision of this application.
No. 511, Misc., October Term, 1952. John Harry Lee, petitioner, v.
State of Temiessee. Second petition for rehearing denied. TheChief Justice took no part in the consideration or decision of this
application.
No. 59, Misc. John Daniel Beeler, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 73, Misc. George Crutchers, petitioner, v. Orel J. Skeen,
Warden of the West Virginia State Penitentiary. Petition for writ
of certiorari to the Supreme Court of Appeals of West Virginia
denied.
No. 92, Misc. Wilfred Biloche, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 99, Misc. John Susanec, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 103, Misc. Nathan Strahl, petitioner, v. V. L. Pepersack,
Warden, Maryland Penitentiary. Petition for writ of certiorari to
the Court of Appeals of Maryland denied.
No. 104, Misc. Vito W. Rizzi, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the Appellate Division
of the Supreme Court of New York, First Judicial Department,
denied.
No. 106, Misc. Jonie Barrett, petitioner, v. State of Kansas et al.
Petition for writ of certiorari to the Supreme Court of Kansas denied.
No. Ill, Misc. Edward Gilbert, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 116, Misc. Wesley Leon Colbert, petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit denied.
No. 118, Misc. William Wells, petitioner, v. Illinois Parole andPardon Board et al. Petition for writ of certiorari to the SupremeCourt of Illinois denied.
MONDAY, NOVEMBER 9, 1953
No. 119, Misc. Harold Bristol, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 120, Misc. Carl Zubr, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 121, Misc. Joseph Bortnyak, alias Joseph Placex, petitioner,
|
v. Joseph E. Ragen, Warden. Petition for writ of certiorari to the
Criminal Court of Cook County, Illinois, denied.
No. 122, Misc. Edward Emmett, petitioner, v. John R. Cranor,
Supt, etc. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 123, Misc. Kenneth Pardee, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigan
denied.
No. 129, Misc. Clay Ward, petitioner, v. Jerome J. Waters,
Warden. Petition for writ of certiorari to the Criminal Court of
Appeals of Oklahoma denied.
No. 131, Misc. Fred Tate, petitioner, v. People of the State of Cali-
fornia. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 133, Misc. William Bird, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the Appellate Division
of the Supreme Court of New York, First Judicial Department,
denied.
No. 134, Misc. Onofrio Tricarico, petitioner, v. Ralph H. Walker,
Warden. Petition for writ of certiorari to the Superior Court for
Hartford County, Connecticut, denied.
No. 137, Misc. Joseph Plachno, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 183, Misc. John Michael Higgins, petitioner, v. Walter S.
Binns, U. S. Attorney, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit dismissed onmotion of petitioner.
The Court will take a recess from Monday, November 16, until
Monday, November 30, next.
No. 5. The Radio Officers' Union of the Commercial Telegraphers
Union, AFL, petitioner, v. National Labor Relations Board. Re-
MONDAY, NOVEMBER 9, 1953 61
argued by Mr. Emanuel Butter for the petitioner and by Mr. Bernard
Dunau for the respondent.
No. 6. National Labor Relations Board, petitioner, v. International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America et al. Reargument commenced by Mr. Bernard Dunau for
the petitioner and continued by Mr. John J. Manning for the
respondents.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, November 10, will be as follows : Nos. 6,
7,11, 34, 61, and 87.
x
TUESDAY, NOVEMBER 10, 1953 62
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark and Mr. Justice Minton.
J. Kenneth Riley, of Monticello, Miss., on motion of Mr. John
Kenton Chapman; Wilson Eattason Cline, of Orinda, Calif., on mo-
tion of Mr. Everett C. McKeage ; Marvin G. Schmid, of Omaha, Nebr.,
on motion of Mr. W. M. Whitman ; Ferdinand Pecora, of New York,
N. Y., and Everett A. Frohlich, of New York, N. Y., on motion of
Mr. Arthur H. Schwartz; Frank H. Strickler, of Washington, D. C,on motion of Mr. Ross O'Donoghue ; Harold H. Bacon, of Washington,
D. C, on motion of Mr. Robert M. Scott ; Herbert L. Packer, of Wash-ington, D. C, on motion of Mr. Louis F. Oberdorfer; David Cobb,
of Washington, D. C, on motion of Mr. Russell D. Burchard ; Earl H.
Moore, Jr., of Dayton, Ohio, and Laurence E. Seibel, of Washington,
D. C, on motion of Mr. Robert L. Heald ; and Paul Philip Lipton, of
Milwaukee, Wis., on motion of Mr. Paul E. Treusch, were admitted to
practice.
No. 6. National Labor Relations Board, petitioner, v. Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help-
ers of America, et al. Re-argument continued by Mr. John J. Manningfor the respondents and concluded by Mr. Bernard Dunau for the
petitioner.
No. 7. Gaynor News Company, Inc., petitioner, v. National Labor
Relations Board. Reargued by Mr. Julius Kass for the petitioner and
by Mr. Bernard Dunau for the respondent.
No. 11. Maryland Casualty Company et al., petitioners, v. Ger-
trude Picard Cushing et al. Reargument commenced by Mr. Eberhard
P. Deutsch for the petitioners and continued by Mr. James J. Mor-rison for the respondents.
Adjourned until Thursday, November 12, next, at 12 o'clock.
The day call for Thursday, November 12, will be as follows : Nos.
11, 34, 61, and 87.
269533—53 16
X
THURSDAY, NOVEMBER 12, 1953 63
SUPREME COUET OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Geo. Stephen Leonard, of Washington, D. C, on motion of Mr. W.! Graham Claytor, Jr.
;Dugald Walker Hudson, of Greenville, S. C,
j
on motion of Mr. William J. Hughes, Jr. ; Bernard Gekoski, of Alex-
j
andria, Va., on motion of Mr. Acting Solicitor General Robert L.
! Stern; Loren J. Bullock, of Canandaigua, N. Y., on motion of Mr.
IFranklin P. Shaw ; Peter H. Smolka, of Washington, D. C, on motion
: of Mr. William F. Weigester ; Erwin Lerten, of Los Angeles, Calif.,
on motion of Mr. Fred A. Potruch ; Alfred E. Santangelo, of NewYork, N. Y., on motion of Mr. Benton C. Tolley, Jr. ; Melvin J. Law,
jof Logan, Utah, on motion of Mr. Roger Wilfred Marcoux ; Mitchell
|
Eisenstat, of Bayonne, N. J., on motion of Mr. Jackson Brodsky;
iDonald Q. Taylor, of Louisville, Ky., on motion of Mr. Meade C. Pat-
rick; and Vernon C. Ryder, of New York, N. Y, and Richard D.
iLalanne, of New York, N. Y., on motion of Mr. Carl A. Phillipps,
were admitted to practice.
No. 11. Maryland Casualty Company et al., petitioners, v. Gertrude
Picard Cushing et al. Reargument continued by Mr. James J. Mor-
{rison for the respondents and concluded by Eberhard P. Deutsch for
the petitioners.
No. 34. Howell Chevrolet Company, a Corporation, petitioner, v.
National Labor Relations Board. Argued by Mr. Erwin Lerten for
the petitioner and by Mr. Marvin E. Frankel for the respondent.
No. 61. State of Nevada and the People of the State of New York,
petitioner, v. Joseph Stacher. Argued by Mr. Jack Streeter and byMr. Paul D. Williams for the petitioners. No brief filed for re-
spondent.
No. 87. Public Utilities Commission of the State of California
et al., appellants, v. United Air Lines, Inc., Catalina Air Transport,
and Civil Aeronautics Board. Argument commenced by Mr. WilsonE. Cline for the appellants and continued by Mr. H. Templeton Brown
j
for appellee, United Air Lines, Inc., and by Mr. John F. Davis for
appellee, Civil Aeronautics Board.
Adjourned until tomorrow at 12 o'clock.
The day call for Friday, November 13, will be as follows : No. 87.
X26&5S3—58 17
FRIDAY, NOVEMBER 13, 19S3 64
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
David M. Levitan, of New York, N. Y., on motion of Mr. Henry
Kaiser; Alvis Yates Dowell, Jr., of Washington, D. C, on motion of
Mr. A. Yates Dowell;Stephen L. Kelly, of St. Louis, Mo., on motion
of Mr. Monroe Karasik; George H. Gangwere, Jr., of Kansas City,
Mo., on motion of Mr. Albert L. Reeves, Jr. ; and Lorimer Denner, of
New York, N. Y., on motion of Mr. Charles M. Metzner, were admitted
to practice.
No. 87* Public Utilities Commission of the State of California
et al., appellants, v. United Air Lines, Inc., Catalina Air Transport*
and Civil Aeronautics Board. Argument continued by Mr. H. Tern-
pleton Brown for the appellee, United Air Lines, Inc., by Mr. Wilson
E. Cline for the appellants, by Mr. John F. Davis for the appellee,
Civil Aeronautics Board, and concluded by Mr. Everett C. McKeagefor the appellants.
Adjourned until Monday, November 16, next, at 12 o'clock.
x
269533—53 IS
MONDAY, NOVEMBER 16, 195 3 65
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Abraham Miller, of Jersey City, N. J., Abraham J. Slurzberg, of
Jersey City, 1ST. J., and Frank J. O'Brien, of San Francisco, Calif., on
motion of Mr. Acting Solicitor General Robert L. Stern ; John George
Fox, of Fayetteville, W. Va., on motion of Mr. Thomas B. Jackson;
Henry J. McDonald, of Chicago, 111., on motion of Mr. Robert E.
Cummings ; Harold Clair Petrowitz, of Detroit, Mich., on motion of
Mr. Charles J. Zinn;Harry Scheiner, of New York, N. Y., and Arthur
J. Sullivan, of New York, N. Y., on motion of Mr. David D. Porter;
Sigmund R. Kallins, of Baltimore, Md., on motion of Mr. JamesJoseph Doherty; Joan C. Murphy, of Washington, D. C, on motion
of Mr. William P. MacCracken, Jr. ; John E. Stipp, of Chicago, 111.,
on motion of Mr. Kenneth G. Heisler ; Edmund C. Grainger, Jr., of
New York, N. Y., and William H. Bowen, of Altheimer, Calif., on
motion of Mr. William G. Hamilton; Frank Aubrey Holloway, of
Atlanta, Ga., on motion of Mr. John Wilson Ellis;Eugene T. Liipfert,
of Washington, D. C., on motion of Mr. John R. Turney; Ben N.
Hatcher, of Oklahoma City, Okla., on motion of Mr. Hugh T. Fuller-
ton ; Herbert Alfred Waterman, of San Francisco, Calif., on motion of
Mr. Gerald D. Finney; Nathan M. Cohen, of Chicago, 111., and Robert
Seymour Fiffer, of Chicago, 111., on motion of Mr. Archie H. Cohen;
Raymond W. Barclay, of New York, N. Y., on motion of Mr. Richard
K. Stevens ; J. Paull Marshall, of Chevy Chase, Md., on motion of Mr.
Newell W. Ellison ; William Tomar, of Camden, N. J., on motion of
Mr. I. Martin Leavitt; Joseph Michael Francis Ryan, Jr., of Phila-
delphia, Pa., on motion of Mr. Maurice A. Fitzgerald ; Arthur Walter
Lee, of Bellevue, Ohio, on motion of Mr. Norman A. Sugarman;James Robert Gavin Wilson, of Akron, Ohio, on motion of Mr. MarcusA. Hollabaugh; Thomas A. Johnson, of Neosho, Mo., and Austin
Leonard Roberts, Jr., of Washington, D. C., on motion of Mr. John P.
Randolph ; and Martin Pence, of Hilo, T. H., on motion of Mr. MyronWeiner, were admitted to practice.
No. 51. United States of America, petitioner, v. Henry Debrow;No. 52. United States of America, petitioner, v. James H. Wilkin-
son;
269533—53 19
MONDAY, NOVEMBER 16, 1953 66
No. 53. United States of America, petitioner, v. Roy F. Brashier
;
No. 54. United States of America, petitioner, v. Curtis Rogers ; and
No. 55. United States of America, petitioner, v. Forrest B. Jackson.
On writs of certiorari to the United States Court of Appeals for the
Fifth Circuit. Judgments reversed and cases remanded to the United
States District Court for the Southern District of Mississippi for fur-
ther proceedings in conformity with the opinion of this Court. Opin-
ion by Mr. Justice Minton. Mr. Justice Reed took no part in the
consideration or decision of these cases.
No. —,Original. State of Arkansas, complainant, v. State of Texas
et al. Motion for leave to file complaint continued until the litigation
in the Texas courts has been concluded. Opinion by Mr. Justice
Douglas. Dissenting opinion by Mr. Justice Jackson in which Mr.
Justice Frankfurter, Mr. Justice Clark, and Mr. Justice Minton join.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 342. National Union of Marine Cooks and Stewards Associa-
tion, appellant, v. George Arnold et al. Appeal from the SupremeCourt of Washington. Per Guriann: The motion to dismiss is granted
and the appeal is dismissed for the want of a substantial federal ques-
tion. The motion for damages and double costs is denied. Mr. Jus-
tice Black is of the opinion that probable jurisdiction should be noted.
No.— . Alexander P. Tureaud, Jr., a Minor, etc., petitioner, v. Boardof Supervisors of Louisiana State University and Agricultural andMechanical College, et al. This is an application by the relator for a
stay of the judgment of the Court of Appeals which is to be brought
here for review in a petition for certiorari. The application is granted
and the judgment of the Court of Appeals is stayed until the final
disposition here of the petition for certiorari to be filed. Mr. Justice
Reed dissents on the ground that the status of the applicant at the
institution of the litigation should be preserved pending final judg-
ment.
No. 228. Emanuel L. Mazer and William Endicter, Doing Business
as June Lamp Manufacturing Company, petitioners, v. BenjaminStein and Rena Stein, Doing Business as Reglor of California. Theapplication of the Solicitor General for leave to appear and present
oral argument on behalf of the Register of Copyrights as amicus curiae
is granted and one-half hour is allowed for that purpose.
MONDAY, NOVEMBER 16, 195 3 67
No. '338. Mose Hightower, petitioner, v. People of the State of
Illinois. The application of petitioner to withhold the order denying
certiorari pending filing of petition for rehearing is denied.
No. 407. Robert Norbert Galvan, petitioner, v. U. L. Press, Officer
in Charge, Immigration and Naturalization Service, etc. The appli-
cation for bail is granted and it is ordered that petitioner be admitted
to bail upon the posting of a good and sufficient surety bond in the
amount of two thousand ($2,000) dollars. The bond is to be approved
by the United States District Court for the Southern District of Cali-
fornia or a judge thereof and when approved to be filed with the clerk
of that court. The application for leave to proceed on the typewritten
record is granted.
No. 5, Original. October Term, 1950. The State of New Jersey,
complainant, v. The State of New York and the City of New York.
The applications of New Jersey and Pennsylvania for an extension of
time within which to answer the amended petition of the City of NewYork are granted and the time is extended to and including December
14, next.
No. 304. Elmer F. Remmer, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit granted. The Chief Justice took no part in the
consideration or decision of this application.
No. 331. United States of America, petitioner, v. Guy W. Capps,
Inc. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit granted.
No. 366. United States of America, ex rel. Joseph Accardi, peti-
tioner, v. Edward J. Shaughnessy, District Director of the Immigra-tion and Naturalization Service, etc. Petition for writ of certiorari
to the United States Court of Appeals for the Second Circuit granted.
No. 352. Julia Thompson, petitioner, v. Richard P. Lawson, as
Deputy Commissioner of the United States Bureau of EmployeesCompensation, etc., et al. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit granted and case trans-
ferred to the summary docket.
No. 272. Book-of-the-Month Club, Inc., a Corporation, et al., peti-
tioners, v. Federal Trade Commission. Petition for writ of certiorari
to the United States Court of Appeals for the Second Circuit dis-
missed on motion of petitioners.
MONDAY, NOVEMBER 16, 1953 68
No. 180. Kenneth L. Elges, petitioner, v. State of Nevada. Peti-
tion for writ of certiorari to the Supreme Court of Nevada denied.
No. 311. United States of America, petitioner, v. Frank Fryer.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 332. William Benz, M. D. MacRae, Jeff Morrison, et al., peti-
tioners, v. Compania Naviera Hidalgo, S. A., a Corporation. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 351. Anna M. Schulz, Marie S. Hartley, Paul E. Schulz, et al.,
petitioners, v. Dorothy V. Flora. Petition for writ of certiorari to
the Supreme Court of Pennsylvania, Eastern District, denied.
No. 353. James J. Boyle, petitioner, v. Walter LaRue, Treasurer of
Trumbull County, et al. Petition for writ of certiorari to the
Supreme Court of Ohio denied.
No. 354. Aubrey Aeby and Norene Aeby, petitioners, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
No. 355. W. B. Follett, petitioner, v. Hugh A. Voris, Deputy Com-missioner. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 358. D. E. Whelan and R. J. Whelan, petitioners, v. Joe A.
Riley, Assessor-Collector of Taxes in and for Harrison County, Texas.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 359. William Kelly, petitioner, v. General Electric Company.Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 360. Thomas Fontana, petitioner, v. Huron Stevedoring Cor-
poration. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 361. The Guiberson Corporation, petitioner, v. Garrett Oil
Tools, Inc. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 362. Florence B. Bigelow, et al., petitioners, v. RKO RadioPictures, Inc., et al. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 363. Stronghold Screw Products, Inc., petitioner, v. Independ-
ent Nail and Packing Company, Inc. Petition for writ of certiorari
to the United States Court of Appeals for the Seventh Circuit denied.
No. 365. The Hillsboro National Bank, petitioner, v. J. PaulBusclier, Trustee in Bankruptcy of the Estate of Gill-Owen Co., a
MONDAY, NOVEMBER 16, 195 3 69
Bankrupt, Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 367. The American Automobile Association (Incorporated) et
al., petitioners, v. Murray Spiegel, Doing Business as Lake Service
Station. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 368. Earnest Lallak, petitioner, v. The Farmers' Mutual Insur-
ance Company of Marysville, Kansas, et al. Petition for writ of
certiorari to the Supreme Court of Kansas denied.
No. 369. Keystone Metal Company, petitioner, v. City of Pitts-
burgh et al. Petition for writ of certiorari to the Supreme Court of
Pennsylvania, Western District, denied.
No. 370. Keed and Prince Manufacturing Company, petitioner, v.
National Labor Relations Board. Petition for writ of certiorari to
the United States Court of Appeals for the First Circuit denied.
No. 291. Russell S. Serio, petitioner, v. United States of America.
Motion to dispense with printing petition and addition to record
granted. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 299. Kentucky River Mills, petitioner, v. G. Harry Jackson.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied. Mr. Justice Black is of the opinion
certiorari should be granted.
No. 371. Los Angeles County Pioneer Society, a Corporation in the
Process of Voluntarily Winding Up, petitioner, i\ The Historical
Society of Southern California. Motion to dispense with printing
record granted. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 376. Bert Wilbur Paul, petitioner, v. United States of America,
United States Maritime Commission. Petition for writ of certio-
rari to the United States Court of Appeals for the Third Circuit
denied. Mr. Justice Douglas is of the opinion that certiorari should
be granted.
No. 8, Misc. Glenn N. Bigness, petitioner, v. State of Nevada. Peti-
tion for writ of certiorari to the Supreme Court of Nevada denied.
No. 42, Misc. Alfred D. Slack, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 76, Misc. Robert L. Bradford, petitioner, v. Hon. Mortimer W.Byers, as Judge of the United States District Court, etc. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied.
MONDAY, NOVEMBER 16, 195 3 70
No. 107, Misc. Lincoln C. McDade, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 109, Misc. Gilmore J. Horton, petitioner, v. Orel J. Skeen,
Warden, etc. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 117, Misc. State of Louisiana, ex rel. Relic Dartez, petitioner, v.
Reed Cozart, Superintendent of Louisiana State Penitentiary, et ah
Petition for writ of certiorari to the Supreme Court of Louisiana
denied.
No. 125, Misc. John Henry Dauer, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit denied.
No. 135, Misc. I. H. Spears, petitioner, v. Transcontinental BusSystem, Inc., et al. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit denied.
No. 139, Misc. Charles Frederick Wheeler, petitioner, v. West India
Steamship Company. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 148, Misc. Richard Sharp, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 154, Misc. Dorwood D. Clark, petitioner, v. H. E. Moore,
Warden, etc. Petition for writ of certiorari to the Supreme Court of
Kansas denied.
No. 166, Misc. Henry Cephas, petitioner, v. Orel J. Skeen, Warden,West Virginia State Penitentiary. Petition for writ of certiorari to
the Supreme Court of Appeals of West Virginia denied.
No. 169, Misc. George Shilakes, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigan
denied.
No. 114, Misc. Albert Henderson, petitioner, v. William H. Ban-
nan, Warden. Petition for writ of certiorari to the Recorder's Court
of the City of Detroit, Michigan, denied. Motion for leave to file
petition for writ of habeas corpus also denied.
No. 158, Misc. Earl W. Taylor, petitioner, v. E. B. Swope, Warden.Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied. Motion for leave to file petition for
writ of habeas corpus also denied.
No. 138, Misc. Earl W. Taylor, petitioner, v. United States Boardof Parole. Motion for leave to file petition for writ of mandamusdenied.
MONDAY, NOVEMBER 16, 195 3 71
No. 151, Misc. Albert Fischer Levy, petitioner, v. People of the
State of California. Application denied. The Chief Justice took no
part in the consideration or decision of this application.
No. 152, Misc. Earl W. Taylor, petitioner, v. United States Board
of Parole. Motion for leave to file petition for writ of quo warranto
denied.
Adjourned until Monday, November 30, next, at 12 o'clock.
The day call for Monday, November 30, will be as follows: Nos. 12,
121, 19, 65, 92, 94, 184, 209, 228, and 241.
x
MONDAY, NOVEMBER 30, 1953 72
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Wallace Edwin Sturgis, of Ocala, Fla., on motion of Mr. Oscar H.Davis; Elizabeth Miller, of Los Angeles, Calif., on motion of Mr.
Acting Solicitor General Robert L. Stern; Jerome Beaudrias, of
Yonkers, N. Y., on motion of Mr. John A. Selby ; Arthur B. Sachs, of
Chicago, 111., on motion of Mr. Jerome Harvey Simonds; R. Dorsey
Watkins, of Baltimore, Md., on motion of Mr. J. Cookman Boyd, Jr.
;
Irwin E. Yarus, of Cleveland, Ohio, and Sidney B. Yarus, of Cleve-
land, Ohio, on motion of Mr. Jack B. Dworken ; Daniel F. Foley, of
Wabasha, Minn., on motion of Mr. John R. Foley, Jr.;Philip Strach-
man, of Washington, D. C, on motion of Mr. Walter H. E. Jaeger
;
Pershing Boe, of Fargo, N. Dak., on motion of Mr. John C. Herberg;
Lucille B. Lambert, of Arlington, Va., and Bruce E. Lambert, of
Arlington, Va., on motion of Mr. Robert Allen McGinnis; Benjamin
Sweedier, of New York, N. Y., on motion of Mr. Martin T. Fisher
;
Roger E. Brooks, of Washington, D. C., on motion of Mr. Ernest H.
Henry; Frank Robert Kennedy, of Springfield, Mo., and Harold
Koplowitz, of New Britain, Conn., on motion of Mr. Joseph Rotwein;
Norman H. Nitzkowski, of Mankato, Minn., Daniel J. Gross, of Omaha,Nebr., Harold W. Kauffman, of Omaha, Nebr., and Philip J. Willson,
of Council Bluffs, Iowa, on motion of Mr. Raymond A. Smith ; LeoPaul Burd, of Minneapolis, Minn., on motion of Mr. Irvin H. Rimel
;
Palmer L. Bevis, of New Haven, Conn., on motion of Mr. Herbert L.
Packer; Harriss Hassell Jarrell, of High Point, N. C, on motion of
Mr. Wilmer Mechlin ; Harold Norris, of Detroit, Mich., on motion of
Mr. David Rein;Philip A. Roll, of Panama City, Fla., on motion of
Mr. James R. Golden; Thomas Robert Mulroy, of Chicago, 111., on
motion of Mr. Samuel H. Home;George Van Duzee Walker, of Oak-
land, Calif., on motion of Mr. Carl Edward Lundin, Jr. ; Bessie RayGeffner, of New York, N. Y., Bebe Aron Kline, of Woodmere, N. Y.,
Fulvia Mombello, of Bayside, N. Y., Lillians S. Rinenberg, of LongIsland City, N. Y., Lillian Ungar, of New York, N. Y., Florence Wal-
ton, of Jamaica, N. Y., Frances Kuchler, of Forest Hills, N. Y., Freda
S. Fineman, of New York, N. Y., Ann B. Duflicy, of Richmond Hil]>
N. Y., Katherine Spyros Bitses, of Astoria, N. Y., Mary M. Bleecker,
of Beechhurst, N. Y., Nancy Carley, of Jackson Heights, N. Y., Mary269533—53 20
MONDAY, NOVEMBER 30, 1953 73
J. Mule*, of Jackson Heights, N. Y., Dora Aberlin, of Belle Harbor,
N. Y., Geraldine T. Eiber, of Forest Hills, N. Y., Pearl C. Basta, of
Jackson Heights, N. Y., Frieda K. Bromberg, of Queens Village, N. Y.,
Harriet J. Brown, of Middle Village, N. Y., and Fortune Rita Vec-
chairelli, of Long Island City, N. Y., on motion of Mr. William B.
Groat, Jr., were admitted to practice.
No. 16. Bankers Life and Casualty Company, petitioner, v. TheHonorable John W. Holland, as Chief Judge of the United States
District Court for the Southern District of Florida, et al. On writ
of certiorari to the United States Court of Appeals for the Fifth Cir-
cuit. Judgment affirmed and case remanded to the Court of Appeals.
Opinion by Mr. Justice Clark. Mr. Justice Douglas concurs in the
result. Dissenting opinion by Mr. Justice Frankfurter in which Mr.
Justice Jackson and Mr. Justice Minton join.
No. 57. George Lewis Dickinson, petitioner, v. United States of
America. On writ of certiorari to the United States Court of Ap-peals for the Ninth Circuit. Judgment reversed and case remanded
to the United States District Court for the Northern District of
California for proceedings in conformity with the opinion of this
Court. Opinion by Mr. Justice Clark. Dissenting opinion by Mr.
Justice Jackson, in which Mr. Justice Burton and Mr. Justice
Minton join.
No. 87. Public Utilities Commission of the State of California et
al., appellants, v. United Air Lines, Inc., Catalina Air Transport andCivil Aeronautics Board. Appeal from the United States District
Court for the Northern District of California. Judgment reversed
and case remanded to the District Court for proceedings in conform-
ity with the opinion of this Court. Opinion per curiam announced
by Mr. Chief Justice Warren. Dissenting opinion by Mr. Justice
Douglas in which Mr. Justice Reed joins. The Chief Justice took nopart in the consideration or decision of this case.
The Chief Justice said:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 384. Cecelia S. Larson and Russell T. Thompson, appellants,
v. City of Long Beach. Appeal from the Superior Court of the
County of Los Angeles, State of California, Appellate Department;
and
No. 391. F. H. Vahlsing, Inc., appellant, v. State of Maine. Ap-peal from the Supreme Judicial Court of Maine. Per Curiam: Themotions to dismiss are granted and the appeals **re dismissed for the
want of a substantial federal question.
MONDAY, NOVEMBER 30, 1953 74
No. 386. Riss & Company, Inc., appellant, v. The United States
of America, Interstate Commerce Commission, The Akron, Canton &Youngstown Railroad Company, et al. Appeal from the United
States District Court for the Western District of Missouri ; and
No. 409. The Baltimore Transfer Company, Davidson Transfer
and Storage Company, et al., appellants, v. Interstate Commerce Com-mission and United States of America. Appeal from the United
States District Court for the District of Maryland. Per Curiam:
The motions to affirm are granted and the judgments are affirmed.
No. 393. State of Tennessee, Railroad and Public Utilities Com-mission of the State of Tennessee, et al., appellants, v. United States
of America, Interstate Commerce Commission, Carolina, Clinchfield
and Ohio Railway, etc., et al. Appeal from the United States District
Court for the Middle District of Tennessee. Per Curiam: Thet
motions to affirm are granted and the judgment is affirmed. Mr. Jus-
tice Black and Mr. Justice Douglas dissent.
No. 420. Meyer Schwartz, Harold B. Coleman, David Lefferman,
et al., appellants, v. John C. Kelley et al., Members of the Liquor Con-
trol Committee of the State of Connecticut. Appeal from the Su-
preme Court of Errors of Connecticut. Per Curiam: The appeal is
dismissed for the want of a substantial federal question.
No. 174. Everett E. White, petitioner, v. Baltimore and Ohio Rail-
road Company. On writ of certiorari to the United States Court of
Appeals for the Sixth Circuit. Dismissed on motion of petitioner.
No. 459. United States of America, appellant, v. Henry Jacobs,
Jr. Appeal from the United States District Court for the Eastern
District of Wisconsin. Dismissed on motion of the appellant.
No. 354. Aubrey Aeby and Norene Aeby, petitioners, v. United
States of America. The motion of petitioner to withhold order
denying petition for writ of certiorari pending disposition of peti-
tion for rehearing is denied.
No. 366. United States of America, ex rel. Joseph Accardi, peti-
tioner, v. Edward J. Shaughnessy, District Director of the Immigra-tion and Naturalization Service, etc. The application for bail is
granted and it is ordered that petitioner, Joseph Accardi, be ad-
mitted to bail upon the posting of a good and sufficient surety bondin the amount of twenty-five hundred ($2,500) dollars. The bond is
to be approved by the United States District Court for the Southern
District of New York or a judge thereof and when approved to be
filed with the clerk of that court.
MONDAY, NOVEMBER 30, 1953 75
Mr. Justice Keed, Mr. Justice Jackson, and Mr. Justice Clark would
deny the application without prejudice to an application to proper
authority.
No. 389. Frank Walters and Edward Williams, Jr., appellants, v.
The City of St. Louis et al. Appeal from the Supreme Court of Mis-
souri;
No. 439. United States of America, appellant, v. Employing Lath-
ers Association of Chicago and Vicinity, Local No. 74 of Wood, Wire,
and Metal Lathers International Union of Chicago, et al. Appeal
from the United States District Court for the Northern District of
Illinois; and
No. 440. United States of America, appellant, v. EmployingPlasterers Association of Chicago et al. Appeal from the United
States District Court for the Northern District of Illinois. In these
cases probable jurisdiction is noted and cases are transferred to the
summary docket.
No. 394. United Shoe Machinery Corporation, appellant, v. United
States of America. Appeal from the United States District Court
for the District of Massachusetts. In this case probable jurisdiction
is noted. Mr. Justice Clark took no part in the consideration or
decision of this question.
No. 307. Harold Sacher, also known as "Harry" Sacher, an At-
torney, petitioner, v. Association of the Bar of the City of New Yorkand New York County Lawyers' Association. Petition for writ of
certiorari to the United States Court of Appeals for the Second Cir-
cuit granted limited to the following question
:
"Accepting the facts as found in the memorandum decision of Chief
Judge Hincks, does permanent disbarment exceed the bounds of fair
discretion, particularly in view of the punishment of petitioner's indi-
vidual misconduct as a contempt and the finding that the proof does
not establish that he so behaved pursuant to a conspiracy or a delib-
erate and concerted effort?"
Mr. Justice Clark took no part in the consideration or decision of
this application.
No. 401. Herbert Brownell, Jr., Attorney General of the United
States, as Successor to the Alien Property Custodian, petitioner, v.
Eugene T. Singer ; andNo. 402. The Superintendent of Banks of the State of New York,
etc., petitioner, v. Eugene T. Singer. Petitions for writs of certiorari
to the Court of Appeals of New York granted. The Chief Justice
took no part in the consideration or decision of these applications.
No. 404. Alice D. Jacobson, Administratrix, petitioner, v. NewYork, New Haven and Hartford Railroad Company. Petition for
MONDAY, NOVEMBER 30, 1953 76
writ of certiorari to the United States Court of Appeals for the First
Circuit granted limited to question No. 1 presented by the petition for
the writ which reads as follows
:
"Was there diversity of citizenship even though the defendant (a
multiple corporation) was also incorporated in Massachusetts, which
would confer jurisdiction upon the United States District Court for
the District of Massachusetts?"
Case transferred to the summary docket.
No. 280. Phillips Petroleum Company, petitioner, v. State of Wis-consin et al.
;
No. 281. State of Texas et al., petitioners, v. State of Wisconsin et
al.; and
No. 418. Federal Power Commission, petitioner, v. State of Wis-consin, Public Service Commission of Wisconsin, et al. Petitions for
writs of certiorari to the United States Court of Appeals for the Dis-
trict of Columbia Circuit denied.
No. 319. The Denver and Eio Grande Western Railroad Company,a Corporation, petitioner, v. John H. Wheat. Petition for writ of
certiorari to the Supreme Court of Utah denied.
No. 329. T. W. Jones Grain Company, petitioner, v. State of Ne-
braska. Petition for writ of certiorari to the Supreme Court of
Nebraska denied.
No. 344. John Arbulich, Jr., petitioner, v. Thomas Arbulich. Pe-
tition for writ of certiorari to the Supreme Court of California denied.
No. 373. Hoxsey Cancer Clinic, a Partnership, and Harry M. Hox-sey, an Individual, petitioners, v. United States of America. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 377. Benjamin Arthur Bourne, petitioner, v. Luther Jones.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 378. Paul C. Fisher, d/b/a Fisher Pen Company, petitioner,
v. Martin P. Durkin, Secretary of Labor. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Seventh Circuit
denied.
No. 379. Steamship "Fletero" and Campania Argentina de Navi-
gazione Dodero, S. A., petitioners, v. Hugo Arias. Petition for writ
of certiorari to the United States Court of Appeals for the Fourth
Circuit denied.
No. 387. Julia Gallagher, as Administratrix of the Estate of James
Gallagher, Deceased, and Julia Gallagher, petitioners, v. United States
269533—53 21
MONDAY, NOVEMBER 30, 1953 77
Lines Compaq et al. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 388. Wheeling Dollar Savings and Trust Company, as Execu-
tor of the Estate of Charles J. Wolf, Deceased, petitioner, v. F. RoyYoke, Collector of Internal Revenue. Petition for writ of certiorari
! to the United States Court of Appeals for the Fourth Circuit denied.
No. 390. William Stoffel, petitioner, v. The New York, New Havenand Hartford Railroad Company. Petition for writ of certiorari to
the United States Court of Appeals for the Second Circuit denied.
No. 392. Robert J. Sivalls, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 395. M. M. Meredith, petitioner, v. John Deere Plow Com-pany of Moline, Illinois, a Corporation. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Eighth Circuit
denied.
No. 396. Lewis E. Denny, Jr., and Vera Ann Denny, petitioners,
v. The Automobile Insurance Company of Hartford, Connecticut.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 400. Louis Comi, petitioner, v. State of Maryland. Petition
for writ of certiorari to the Court of Appeals of Maryland denied.
No. 405. Jack Smith, petitioner, v. State of Tennessee. Petition
for writ of certiorari to the Supreme Court of Tennessee denied.
No. 408. Sidney S. Henis, Henry H. Abrams, Harold Price, et al.,
petitioners, v. Thomas C. Egan et al. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 411. Reserve Life Insurance Company, a Corporation, peti-
tioner, v. C. H. Simpson. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 413. Fidelity-Philadelphia Trust Company, Trustee, peti-
tioner, v. Pioche Mines Consolidated, Inc., et al. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 415. Atlantic Coast Line Railroad Company, petitioner, v.
C. W. Joiner, Jr., et al. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
No. 417. William Bradshaw and United States Fidelity and Guar-anty Co., a Corporation, petitioners, v. Carrie Robinson. Petition for
writ of certiorari to the United States Court of Appeals for the
District of Columbia Circuit denied.
MONDAY, NOVEMBER 30, 1953 78
No. 419. Continental Distilling Corporation, petitioner, v. Century
Distilling Company. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 421. John McShain, Inc., petitioner, v. District of Columbia.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 426. L. B. Glover, George Franklin Humphries, et al., peti-
tioners, v. W. P. H. McFaddin et al. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 357. John Louis Vaszorich, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion
certiorari should be granted.
No. 372. City of Galveston, petitioner, v. Dolores K. Miranda,
and 130 Libellants, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied. Mr. Justice
Black is of the opinion certiorari should be granted.
No. 403. Annette S. Lunn, petitioner, v. F. W. Woolworth Com-pany. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied. Mr. Justice Black is of the
opinion certiorari should be granted.
No. 380. Elmer Vogt, petitioner, v. The State of Texas. Motion to
dispense with printing record granted. Petition for writ of certiorari
to the Court of Criminal Appeals of Texas denied.
No. 410. Board of Governors of the Federal Reserve System, pe-
titioner, v. Transamerica Corporation. Petition for writ of certiorari
to the United States Court of Appeals for the Third Circuit denied.
Mr. Justice Black and Mr. Justice Douglas are of the opinion certio-
rari should be granted. Mr. Justice Clark took no part in the consid-
eration or decision of this application.
No. 416. Thorvold Kepsholdt, petitioner, v. United States of
America. Motion to dispense with printing petition and record
granted. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 129. James Jones, petitioner, v. The United States of America
;
No. 232. Charles D. Clark, petitioner, v. The State of Texas;
No. 235. George V. Tawes, petitioner, v. Cie. Des Messageries
Maritimes
;
No. 248. Schwegmann Brothers Giant Super Market et al., peti-
tioners, v. Eli Lilly & Company
;
No. 252. Universal Manufacturing Company, a Corporation, et al.,
petitioners, v. Federal Trade Commission ; and
MONDAY, NOVEMBER 30, 1953 79
No. 257. Henry J. Jones, petitioner, v. Lykes Brothers SteamshipCompany, Inc. Petitions for rehearing denied.
No. 131. John Collins, appellant, v. The People of the State of Cali-
fornia. Second petition for rehearing denied. The Chief Justice took
no part in the consideration or decision of this application.
No. 150. Kussell Box Company, petitioner, v. Grant Paper BoxCompany
;
No. 169. Luther Carlyle Wheeler, appellant, v. State of Mississippi
;
No. 181. Jennie E. Dargel et al., petitioners, v. Glenwood J. Sher-
rard, Director of Rent Stabilization, et al., and
No. 90. Misc. Samuel Lesser, petitioner, v. People of the State of
New York. Petitions for rehearing denied. The Chief Justice took
no part in the consideration or decision of these applications.
No. 9, Misc. William Kemmerer, petitioner, v. Warden, Michigan
State Penitentiary, Jackson, Michigan ; and
No. 23, Misc. Bernard M. Shotkin, petitioner, v. Atchison, Topeka
& Santa Fe R. R. Co., et al. Petitions for rehearing denied.
No. 61, Misc. Wesley Robert Wells, petitioner, v. State of Cali-
fornia. Motion for leave to file brief of John Pierce and others as
amicus curiae denied. Petition for rehearing denied. The Chief
Justice took no part in the consideration or decision of these applica-
tions.
No. 368, Misc., October Term, 1952. Florence McMillan Goodmanand Frances Brodsky, petitioners, v. Ed Leigh McMillan. Petition
to withdraw the order of October 19, 1953, and for further considera-
tion denied. The Chief Justice took no part in the consideration or
decision of this application.
No. 372, Misc., October Term, 1952. Frank Severa, petitioner v.
State of New Jersey . Fifth petition for rehearing denied. The Chief
Justice took no part in the consideration or decision of this appli-
cation.
No. 548, Misc., October Term, 1952. Frank Severa, petitioner, v.
Lloyd W. McCorkle, Acting Warder. Second petition for rehearing
denied. The Chief Justice took no part in the consideration or deci-
sion of this application.
No. 143, Misc. Jay Paul Shelton, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit dismissed on motion of petitioner.
No. 127, Misc. Bernard P. Nimro, petitioner, v. Glen B. Daviset al. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
MONDAY, NOVEMBER 30, 1953 80
No. 140, Misc. Ben F. Mason, petitioner, v. John R. Cranor, Su-
perintendent, etc. Petition for writ of certiorari to the SupremeCourt of Washington denied.
No. 144, Misc. Albert Sorimpt, petitioner, v. John R. Cranor, Su-
perintendent. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 147, Misc. Grady Geraldon, petitioner, v. C. A. Edmondson,Warden. Petition for writ of certiorari to the Supreme Court of
Kansas denied.
No. 149, Misc. Donald H. Lilyroth, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of LeeCounty, Dixon, Illinois, denied.
No. 150, Misc. Edward Cross, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 153, Misc. Robert Landgraver, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of
Woodford County, Illinois, denied.
No. 155, Misc. Russell Pickwell, petitioner, v. Montgomery CountyCourt et al. Petition for writ of certiorari to the Supreme Court of
Pennsylvania, Eastern District, denied.
No. 156, Misc. Anthony Baerchus, petitioner, v. Walter Tees,
Warden. Petition for writ of certiorari to the United States Court
of Appeal for the Third Circuit denied.
No. 157, Misc. William E. Koken, petitioner, v. Oregon State Bar.
Petition for writ of certiorari to the Supreme Court of Oregondenied.
No. 159, Misc. Mary L. Nicol and Frances Nicol McKone, peti-
tioners, v. Frederick E. Johnston. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 163, Misc. Emmett J. Hoover, Administrator c. t. a. of the
Estate of Eva V. Hoover, petitioner, v. Commonwealth of Pennsyl-
vania et al. Petition for writ of certiorari to the Supreme Court of
Pennsylvania, Eastern District, denied.
No. 165, Misc. Raymond Cannon, petitioner, v. Orel J. Skeen,
Warden, West Virginia State Penitentiary. Petition for writ of
certiorari to the Supreme Court of Appeals of West Virginia denied.
No. 167, Misc. Leland Ferre, petitioner, v. Ross V. Randolph,
Warden, Illinois State Penitentiary, Menard, Illinois. Petition for
writ of certiorari to the Circuit Court of Piatt County, Illinois, denied.
No. 168, Misc. James E. Ross, petitioner, v. John R. Cranor, as
Superintendent of the Washington State Penitentiary at Walla Walla,
MONDAY, NOVEMBER 30, 1953 81
Wash. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 170, Misc. Maurice Allen, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 174, Misc. Anna Horton, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 175, Misc. David Rhodes, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 176, Misc. James R. Smith, petitioner, v. Joseph E. Ragenet al. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 177, Misc. James B. Morris, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals' for the Fifth Circuit denied.
No. 181, Misc. George T. Titus, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 185, Misc. Marion Francis Charles, petitioner, v. Orel J.
Skeen, Warden. Petition for writ of certiorari to the Supreme Court
of Appeals of West Virginia denied.
No. 189, Misc. Nicholas Tiscio, petitioner, v. Walter Tees, Warden.Petition for writ of certiorari to the Supreme Court of Pennsylvania,
Eastern District, denied.
No. 192, Misc. Paul Lane, petitioner, v. People of State of Illi-
nois. Petition for writ of certiorari to the Supreme Court of Illinois
denied.
No. 199, Misc. George H. Houston, petitioner, v. Robert A. Heinze,
Warden. Petition for writ of certiorari to the District Court of
Appeal of California, Third Appellate District, denied.
No. 200, Misc. Carl William Burkholder, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 209, Misc. Charles DePompeis, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 146, Misc. Charles Norton Outcault, petitioner, v. Harley O.
Teets, Warden
;
No. 162, Misc. Ira E. Robertson, petitioner, v. State of Maryland;
MONDAY, NOVEMBER 30, 1953 82
No. 171, Misc. Carl W. Burkholder, petitioner, v. United States
of America
;
No. 172, Misc. Kay F. Krell, petitioner, v. State of South Carolina
;
No. 173, Misc. John Edwin Byers, petitioner, v. United States of
America
;
No. 188, Misc. Carl William Burkholder, petitioner, v. United
States of America
;
No. 196, Misc. Eldred K. Wadlington, Jr., petitioner, v. Frank G.
Sain, Supt.
;
No. 197, Misc. Earl W. Taylor, petitioner, v. E. B. Swope, Warden
;
No. 202, Misc. Balphael J. Shaffer, petitioner, v. Dr. E. Kalph May,Supt. ; and
No. 213, Misc. Harry Allen Allbee, petitioner, v. Bert O. Webb,Warden, et al. Motions for leave to file petitions for writs of habeas
corpus denied.
No. 180, Misc. Byron A. Piner, petitioner, v. United States of
America. Motion for leave to file petition for writ of certiorari
denied.
No. 187, Misc. Daniel Curry, petitioner, v. United States of Amer-ica ; and
No. 193, Misc. James B. Smith, petitioner, v. People of the State
of New York. Applications denied.
No. 198, Misc. Earl W. Taylor, petitioner, v. Judge M. J. Koche,
District Judge. Motion for declaratory judgment denied.
No. 235, Misc. Ex parte John Kedroff and Benjamin Fedchenkoff,
as Archbishop, etc., petitioners. Motion for leave to file petition for
writ of mandamus denied. Mr. Justice Black and Mr. Justice Douglaswould issue a rule to show cause why leave to file should not be
granted.
No. 12. Patrick E. Irvine, petitioner, v. People of the State of Cali-
fornia. Argued by Mr. Morris Lavine for the petitioner and by Mrs.
Elizabeth Miller and Mr. Clarence A. Linn for the respondent. Leave
granted petitioner to file reply brief by Friday next.
No. 121. Sam Walder, petitioner, v. United States of America.
Argued by Mr. Paul A. Porter for the petitioner and by Mr. Robert
S. Erdahl for the respondent.
MONDAY, NOVEMBER 30, 1953 83
No. 19. Theatre Enterprises, Inc., petitioner, v. Paramount FilmDistributing Corp., et al. Three hours allowed for oral argument.
Argument commenced by Mr. Philip B. Perlman for the petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, December 1, will be as follows: Nos.
19, 65, 92, 94, 184, 209, 228, and 241.
x
TUESDAY, DECEMBER 1, 1953 84
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Marjorie Lumsden Temple, of Baltimore, Md., on motion of Mr.
John Marshall Butler; Theodore R. Johnson, of Sioux Falls, S. Dak.,
on motion of Mr. Solicitor General Robert L. Stern ; David Carliner, of
Washington, D. C, on motion of Mr. Jack Wasserman ; Abian Adel-
bert Church, of Bartow, Fla., on motion of Mr. Justin Miller; Sam S.
Canterbury, of Tulsa, Okla., on motion of Mr. Ross O'Donoghue;James B. Hutton, Jr., of Alexandria, Va., on motion of Mr. James W.Cassedy, Jr. ; Robert Nachman Grosby, of New York, N. Y., on motion
of Mr. Edward M. Logan ; Walter J. Rockier, of Washington, D. C,on motion of Mr. Joseph J. O'Connell, Jr. ; and Philip Noel Brophy,
of Falls Church, Va., on motion of Mr. John A. K. Donovan, were
admitted to practice.
No. 19. Theatre Enterprises. Inc., petitioner, v. Paramount FilmDistributing Corp. et al. Argument continued by Mr. Bruce Bromleyfor the respondents, Paramount Film Distributing Corp. et al., by Mr.Ferdinand Pecora for the respondents, Warner Bros. Pictures Dis-
tributing Corp. et al., and concluded by Mr. Holmes Baldridge for
the petitioner.
No. 65. The United States, petitioner, v. Binghamton Construction
Co., Inc. Argued by Mr. Assistant Attorney General Burger for the
petitioner and by Mr. Jerome Beaudrias for the respondent.
No. 92. United States of America, petitioner, v. City of NewBritain, Connecticut, et al. Argued by Mr. Marvin E. Frankel for the
petitioner and by Mr. Frank R. Kennedy for the respondents. Leave
granted respondent to file additional brief in two weeks.
No. 94. United States of America, petitioner, v. Harold T. Lindsay
et al. Argument commenced by Mr. Paul A. Sweeney for the
petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, December 2, will be as follows : Nos.
94, 184, 209, 228, and 241.
269533—53 22
X
WEDNESDAY, DECEMBER 2, 195 3 85
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
ron, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Ralph Morgan Jones, of Kansas City, Mo., on motion of Mr. Albert
L. Reeves, Jr. ; Robert Eugene Rice, of Duncan, Okla., on motion of
Mr. Edmond A. Edmonson, Jr.; Bennett A. Webster, Jr., of Des
Moines, Iowa, on motion of Mr. Alden B. Howland; George B. Bron-
fen, of Washington, D. C, on motion of Mr. William J. Hughes, Jr.;
Richard Griffith Logan, of San Francisco, Calif., on motion of Mr.
John A. O'Kane; Edward A. Haight, of Chicago, 111., on motion of
Mr. George Raymond Jones; Warren J. Carey, of Chicago, 111., on
motion of Mr. Frank Joseph Delaney ; John Milton Peters, of Coun-
cil Bluffs, Iowa, on motion of Mr. Raymond A. Smith; Gordon W.Lamphere, of Detroit, Mich., on motion of Mr. Alfred K. Cherry;
John Jonas Chester III, of Columbus, Ohio, on motion of Mr. Milo
J. Warner; Robert M. Willan, of Martinsville, Ind., on motion of
Mr. Sherman S. Cohen ; and George Edward Frost, of Chicago, 111.,
on motion of Mr. Will Freeman, were admitted to practice.
No. 94. United States of America, petitioner, v. Harold T. Lindsay
et al. Argument continued by Mr. Paul A. Sweeney for the petitioner
and by Mr. Edward C. Park for the respondent and concluded by Mr.
Paul A. Sweeney for the petitioner.
Xo. 184. The General Protective Committee for the Holders of
Option Warrants of the United Corporation, petitioner, v. The Secur-
ities and Exchange Commission et al. Argued by Mr. John Mulfordfor the petitioner and by Mr. William H. Timbers for the respondent,
Securities and Exchange Commission, by Mr. Richard Joyce Smithfor the respondent, The United Corporation, and by Mr. RandolphPhillips, pro se.
No. 209. Chicago, Rock Island and Pacific Railroad Company,petitioner, v. Archie C. Stude, William Lumpkin, and Pottawattomie
County, Iowa. Argument commenced by Mr. Alden B. Holland for
the petitioner and continued by Mr. Raymond A. Smith for the
respondents.
269538—53 28
WEDNESDAY, DECEMBER 2, 1953 86
Adjourned until tomorrow at 12 o'clock.
The day call for Thursday, December 3, will be as follows: Nos.
209, 228, and 241.
x
THURSDAY, DECEMBER 3, 1953 87
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Arthur Charles Nordhoff, of Jasper, Ind., on motion of Mr. Will
Shafroth; Lamont B. Koontz, of Minneapolis, Minn., on motion of
Mr. Will Freeman ; Morton M. Z. Lynn, of Albany, N. Y., on motion
of Mr. Elgood Edward Stephens; LeRoy Augustus Broun III, of
Centerville, Calif., on motion of Mr. Harold Irving Baynton; and
Jacob P. Lefkowitz, of New York, N. Y., on motion of Mr. Edward A.
Martin, were admitted to practice.
No. 209. Chicago, Rock Island and Pacific Railroad Company,
petitioner, v. Archie C. Stude, William Lumpkin and Pottawattomie
County, Iowa. Argument continued by Mr. Harold W. Kauffman for
the respondents and concluded by Mr. B. A. Webster, Jr., for the
petitioner.
No. 228. Emanuel L. Mazer and William Endicter, Doing Business
as June Lamp Manufacturing Company, petitioners, v. Benjamin
Stein and Rena Stein, Doing Business as Reglor of California. Argu-
ment commenced by Mr. Max R. Kraus for the petitioners and con-
tinued by Mr. George E. Frost for the respondents, and by Mr.
Benjamin Forman for the Register of Copyrights, amicus cwriae by
special leave of Court, and concluded by Mr. Robert L. Kahn for the
petitioners.
No. 241. Tom We Shung, by his next Friend Tom Wing, petitioner,
v. Herbert Brownell, Jr., Attorney General of the United States, et al.
Argument commenced by Mr. Jack Wasserman for the petitioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Friday, December 4, will be as follows : No. 241.
26»53&—53 24
X
FRIDAY, DECEMBER 4, 1953 88
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Edward D. Neuhoff, of Los Angeles, Calif., on motion of Mr. Samuel
D. Mcllwain, was admitted to practice.
No. 241. Tom We Shung, by his next Friend Tom Wing, petitioner,
v. Herbert Brownell, Jr., Attorney General of the United States, et al.
Argument continued by Mr, Jack Wasserman for the petitioner and
concluded by Mr. Murray L. Schwartz for the respondents*
Adjourned until Monday, December 7, next, at 12 o'clock.
The day call for Monday, December 7, will be as follows: Nos. 2
(and 4), 1, 8, 10, and 222 (223, 224, and 225).
X
269533—53 25
MONDAY, DECEMBER 7, 1953
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
William Grant, of Denver, Colo., on motion of Mr. Will Shafroth
;
Ross E. Traphagen, Jr., of New York, N. Y., and Ealph Wade Kittle,
of New York, 1ST. Y., on motion of Mr. John W. Davis ; Thomas J.
Campbell, of San Francisco, Calif., on motion of Mr. George D. Neil-
son; Lotus C. Bliss, of Columbus, Ohio, on motion of Mr. John W.Bricker; Robert Howell Hall, of Atlanta, Ga., on motion of Mr.
Lamar Wheeler Sizemore; H. Merrill Pasco, of Richmond, Va., on
motion of Mr. John W. Riely ; Robert Krones, of New York, N. Y., on
motion of Mr. William H. Timbers; Charles Francis Going, of Sacra-
mento, Calif., on motion of Mr. Daniel O. Omer; T. Justin Moore,
Jr., of Richmond, Va., on motion of Mr. T. Justin Moore; Maurice R.
Whitebook, of New York, N. Y., on motion of Mr. Emanuel E. Min-
skoff; Robert Lee Brokenburr, of Indianapolis, Ind., on motion of
Mr. Perry W. Howard;Ralph W. Ross, of Canton, Ohio, on motion
of Mr. Henderson H. Carson; Warren L. Patton, of Los Angeles,
Calif., on motion of Mr. Edward S. Irons; William H. Bennison, of
Amsterdam, N. Y., on motion of Mr. J. Fielding Jones ; Carl R. John-
i son, of Kansas City, Mo., and Lawrence R. Bailey, of New York, N. Y.,
on motion of Mr. Thurgood Marshall ; and John J. McKay, of Austin,
Tex., on motion of Mr. E. Jake Jacobsen, were admitted to practice.
No. 15. National Labor Relations Board, petitioner, v. Local UnionNo. 1229, International Brotherhood of Electrical Workers. On writ
of certiorari to the United States Court of Appeals for the District
of Columbia Circuit. Order of the Court of Appeals remanding the
cause to the National Labor Relations Board set aside and cause
remanded to the Court of Appeals with instructions to dismiss re-
spondent's petition to modify the order of the Board. Opinion byMr. Justice Burton. Dissenting opinion by Mr. Justice Frankfurter
in which Mr. Justice Black and Mr. Justice Douglas join.
No. 14. United States of America, appellant, v. Five GamblingDevices, Labeled in Part "Mills", and Bearing Serial Numbers 593-
221 ; etc. Appeal from the United States District Court for the Mid-dle District of Tennessee
;
269533—53 26
MONDAY, DECEMBER 7, 1953 90
No. 40. United States of America, appellant, v. Roscoe Denmark.
Appeal from the United States District Court for the Southern Dis-
trict of Georgia; and
No. 41. United States of America, appellant, v. Milton M. Braun;
Appeal from the United States District Court for the Southern Dis-
trict of Georgia. Judgments affirmed. Mr. Justice Jackson an-
nounced the judgment of the Court and an opinion in which Mr.
Justice Frankfurter and Mr. Justice Minton join. Concurring opin-
ion by Mr. Justice Black in which Mr. Justice Douglas joins. Dis-
senting opinion by Mr. Justice Clark in which the Chief Justice,
Mr. Justice Reed, and Mr. Justice Burton concur.
No. 39. Anthony Wilko, petitioner, v. Joseph E. Swan et al., Indi-
vidually and Doing Business Under the Firm Name and Style of
Hayden Stone and Co., et al. On writ of certiorari to the United
States Court of Appeals for the Second Circuit. Judgment of the
Court of Appeals reversed with costs and case remanded to the United
States District Court for the Southern District of New York for
proceedings in conformity with the opinion of this Court. Opinion
by Mr. Justice Reed. Concurring : Mr. Justice Jackson. Dissenting
opinion by Mr. Justice Frankfurter in which Mr. Justice Minton
joins.
No. 13. Pope & Talbot, Inc., petitioner, v. Charles Hawn and
Iiaenn Ship Ceiling and Refitting Corporation. On writ of certiorari
to the United States Court of Appeals for the Third Circuit. Judg-
ment of Court of Appeals affirmed with costs and case remanded
to the United States District Court for the Eastern District of Penn-
sylvania. Opinion by Mr. Justice Black. Concurring opinion by
Mr. Justice Frankfurter. Dissenting opinion by Mr. Justice Jackson
in which Mr. Justice Reed and Mr. Justice Burton concur.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 61. State of Nevada and the People of the State of New York,
petitioners, v. Joseph Stacher. On writ of certiorari to the Seventh
Judicial District Court of Nevada, in and for the County of WhitePine. Per Curiam: Judgment reversed. Biddinger v. Commis-sioner of Police, 245 U. S. 128; Pierce v. Creecy, 210 U. S. 387.
No. 241. Tom We Sluing, by his next Friend Tom Wing, petitioner,
v. Herbert Brownell, Jr., Attorney General of the United States, et al.
On writ of certiorari to the United States Court of Appeals for the
District of Columbia Circuit. Per Curiam: The judgment is vacated
and the case is remanded to the District Court with directions to dis-
MONDAY, DECEMBER 7, 1953 91
miss the complaint. Heikkila v. Barber, 345 U. S. 229. Mr. Justice
Black would reverse the judgment of the Court of Appeals. Mr.
Justice Douglas and Mr. Justice Jackson dissent.
No. 375. United States of America, petitioner, v. State of Arizona
et al. On petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit. Per Curiam: The petition for writ
of certiorari is granted and the judgment is reversed. Hoiness v.
United States, 335 U. S. 297.
No. 443. Guy E. Foster et al., appellants, v. Emory Bay et al.
Appeal from the Court of Civil Appeals of Texas, First SupremeJudicial District. Per Curiam: The motion to dismiss is granted
and the appeal is dismissed for the want of a substantial federal
question.
No. 427. The Franklin National Bank of Franklin Square, appel-
lant, v. The People of the State of New York. Appeal from the
Court of Appeals of New York. In this case probable jurisdiction
;is noted.
No. 423. Lloyd M. Bentsen, Sr., et al., petitioners, v. Emery C.
Blackwell et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit granted and case transferred
to the summary docket.
No. 289. Edward David Keed and Jack Henry Parkhurst, peti-
tioners, v. United States of America. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 349. Southern Pacific Company, a Corporation, petitioner, v.
Mary Miller, Administratrix of the Estate of Fred A. Miller, De-
ceased. Petition for writ of certiorari to the District Court of Appeal
of California, First Appellate District, denied.
No. 364. Investors Royalty Company, Inc., a Delaware Corpora-
tion, petitioner, v. Market Trend Survey, Inc., a Corporation, et al.
Petition for writ of certiorari to the United States Court of Appealsfor the Tenth Circuit denied.
No. 399. Land Settlement and Development Corporation, peti-
tioner, v. The United States. Petition for writ of certiorari to the
United States Court of Claims denied.
No. 424. Westinghouse Electric Corporation, a Corporation, peti-
tioner, v. Bulldog Electric Products Company, a Corporation. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
No. 432. Morand Brothers Beverage Co. et al., petitioners, v. Na-tional Labor Relations Board. Petition for writ of certiorari to the
United States Court of Appeals for the Seventh Circuit denied.
MONDAY, DECEMBER 7, 195 3 92
No. 436. Drew Pearson and American Broadcasting Company,
inc., a Corporation, petitioners, v. Mary G. Gariepy. Petition for
ivrit of certiorari to the United States Court of Appeals for the
District of Columbia Circuit denied.
No. 441. Western Pacific Railroad Corporation et al., petitioners,
y. Western Pacific Railroad Company et al. ; and
No. 463. Meredith H. Metzger et al., petitioners, v. Western Pa-
cific Railroad Company et al. Petitions for writs of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 446. Robert E. Overman, petitioner, v. Frank Loesser. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 356. Wallace A. Crisco, petitioner, v. Murdock Acceptance
Corporation et al. Motion to dispense with printing petition, brief,
and record granted. Petition for writ of certiorari to the SupremeCourt of Arkansas denied.
No. 428. Harley O. Teets, as Warden of the California State Prison
at San Quentin, California, petitioner, v. Henry Thomas. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied. Mr. Justice Reed and Mr. Justice Jackson are of the
opinion certiorari should be granted. The Chief Justice took no part
in the consideration or decision of this application.
No. 447. Bearing Jobbers, Inc., M. H. Lescure and M. M. Lescure,
petitioners, v. Nice Ball Bearing Company, a Corporation. Motion to
dispense with printing certain exhibits granted. Petition for writ of
certiorari to the United States Court of Appeals for the Seventh Cir-
cuit denied.
No. 177. Cap S. McElroy, petitioner, v. Perlina McElroy;No. 245. Cap S. McElroy, petitioner, v. Cobourn, Yager, Notnagel,
Smith and Moran
;
No. 320. Mark William Sackett, appellant, v. State of Louisiana
;
and
No. 326. Edmond C. Fletcher, petitioner, v. Katharina Nostadt
et al. Petitions for rehearing denied.
No. 190. International Workers Order, Inc., petitioner, v. The Peo-
ple of the State of New York, by Alfred J. Bohlinger, Superintendent
of Insurance of the State of New York, et al. ; and
No. 283. Herman A. Seligson et al., petitioners, v. The People of
the State of New York, by Alfred J. Bohlinger, Superintendent of
Insurance of the State of New York. Petitions for rehearing denied.
Mr. Justice Clark took no part in the consideration or decision of
these applications.
MONDAY, DECEMBER 7, 1953 93
]STo. 43, Misc. John (Joseph Reecler) Reader, petitioner, v. People
of the State of Illinois. Petition for rehearing denied. The Chief
Justice took no part in the consideration or decision of this appli-
cation.
No. 3, Misc. Lee Scalf,petitioner, v. Orel J. Skeen, Warden. Peti-
tion for writ of certiorari to the Supreme Court of Appeals of WestVirginia denied for the reason that the judgment below is based upona non-federal ground adequate to support it.
No. 186, Misc. Charles W. Garton and R. L. Freeman, petitioners,
v. People of the State of Colorado. Petition for writ of certiorari
to the Supreme Court of Colorado denied.
No. 190, Misc. Maurine D. Hayslip, petitioner, v. J. Thomas Well-
ford et al. Petition for writ of certiorari to the Supreme Court of
Tennessee denied.
No. 191, Misc. Alfred L. DeMarios, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 195, Misc. Juan Supero, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 203, Misc. LeRoy Dohrman, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 205, Misc. A. B. Farmer, petitioner, v. Orel J. Skeen, Warden,
et al. Petition for writ of certiorari to the Supreme Court of Appeals
of West Virginia denied.
No. 206, Misc. Durward Putnam, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 207, Misc. James E. Marron, Jr., petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the SupremeCourt of Illinois denied.
No. 208, Misc. Charles Davis, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 214, Misc. Angelo Maddalena, petitioner, v. State of NewJersey. Petition for writ of certiorari to the Supreme Court of NewJersey denied.
No. 215, Misc. Earl Hunter, petitioner, v. Ralph N. Eidson,
Warden. Petition for writ of certiorari to the Supreme Court of
Missouri denied.
MONDAY, DECEMBER 7, 195 3 94
No. 219, Misc. Leonard B. Willis, petitioner, v. O. B. Ellis, Gen-
eral Manager, etc. Petition for writ of certiorari to the Court of
Criminal Appeals of Texas denied.
No. 221, Misc. Tyree Holloway, petitioner, v. C. H. Looney,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 223, Misc. William Ford, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 229, Misc. Edward Craig, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 230, Misc. Martlick Nelson, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 233, Misc. Harry Baldridge, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Madi-
son County, Illinois, denied.
No. 248, Misc. John E. Hinderhan, petitioner, v. Ross V. Ran-
dolph, Warden. Petition for writ of certiorari to the Circuit Court
of Madison County, Illinois, denied.
No. 112, Misc. Russell Sage Emerson, petitioner, v. Harlan S. Cal-
lahan, Sheriff ; and
No. 201, Misc. Charles Williams, petitioner, v. W. Frank Smyth,
Jr., Supt. Motions for leave to file petitions for writs of habeas
corpus denied?
No. 204, Misc. John Valykeo, petitioner, v. State of West Vir-
ginia; and
No. 227, Misc. Earl W. Taylor, petitioner, v. United States Dis-
trict Court for the Northern District of California et al. Motions
for leave to file petitions for writs of mandamus denied.
No. 222, Misc. Charles Van Newkirk, petitioner, v. State of NewYork et al. Application denied.
The Court will take a recess from Monday, December 14, until
Monday, January 4, 1954.
MONDAY, DECEMBER 7, 1953 95
No. 2. Harry Briggs, Jr., et al., appellants, v. R. W. Elliott, Chair-
man, J. D. Carson, et al., Members of Board of Trustees of School
District No. 22, Clarendon County, S. C, et al. ; and
No. 4. Dorothy E. Davis, Bertha M. Davis and Inez D. Davis, etc.,
et al., appellants, v. County School Board of Prince Edward County,
Virginia, et al. Four hours allowed for oral argument. Reargu-
ment commenced by Mr. Spottswood Robinson, III and continued by
Mr. Thurgood Marshall for the appellants, and by Mr. John W. Davis
and Mr. T. Justin Moore for the appellees.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, December 8, will be as follows : Nos. 2
(and 4), 1, 8, 10, and 222 (223, 224, and 225).
X
TUESDAY, DECEMBER 8, 1953 96
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Lewis M. Robinson, of Pine Bluff, Ark., Thomas S. Lovett, Jr.,
of Star City, Ark., and Dennis W. Horton, of Little Rock, Ark., on
motion of Mr. E. C. Gathings; Godfrey P. Schmidt, of New York,
N. Y., on motion of Mr. Charles J. Zinn; William C. Carter, of
Cumberland, Va., Thomas Maurice Miller, of Richmond, Va., and
Frederick T. Gray, of Richmond, Va., on motion of Mr. Henry T.
Wickham; Thomas William Sommer, of Charleston, W. Va., on mo-i tion of Mr. Lloyd C. Hooks; Delia E. Phillips, of Detroit, Mich., on
;
motion of Mr. George M. Johnson; James M. Fitzpatrick, of Wash-ington, D. C, on motion of Mr. Drexel A. Sprecher ; Michael Waris,
Jr., of Washington, D. C., on motion of Mr. Frederic J. Ball; Charles
P. Grimes, of New York, N. Y., on motion of Mr. W. K. Hopkins;
Norman E. Johnson, of Chicago, 111., on motion of Mr. John F.
Donelan; Arthur J. Bernstein, of Chicago, 111., on motion of Mr.
Sheldon E. Bernstein; and Donald Vergne Potter, of Washington,
D. C, on motion of Mr, Carlton G. Schenken, were admitted to
practice.
No. 2. Harry Briggs, Jr., et al., appellants, v. R. W. Elliott, Chair-
man, J. D. Carson, et al., Members of Board of Trustees of School
District No. 22, Clarendon County, S. C, et al. ; and
No. 4. Dorothy E. Davis, Bertha M. Davis, and Inez D. Davis, etc.,
i et al., appellants, v. County School Board of Prince Edward County,
Virginia, et al. Reargument continued by Mr. T. Justin Moore andMr. J. Lindsay Almond, Jr., for the appellees and by Mr. ThurgoodMarshall for the appellants, and concluded by Mr. Assistant At-
torney General J. Lee Rankin for the United States, as amicus curiae,
by special leave of Court
No. 1. Oliver Brown, Mrs. Richard Lawton, Mrs. Sadie Emmanuel,et al., appellants, v. Board of Education of Topeka, Shawnee County,
Kansas, et al. Reargued by Mr. Robert L. Carter for the appellants
and by Mr. Paul E. Wilson for the appellees.
269533-^53 27
TUESDAY, DECEMBER 8, 1953 mNo. 8. Spottswood Thomas Boiling et al., petitioners, v. C. Melvin
Sharpe et al. Reargument commenced by Mr. George E. C. Hayesfor the petitioners, continued by Mr. James M. Nabrit for the peti-
tioners, and continued by Mr. Milton D. Korman for the respondents.
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, December 9, will be as follows : Nos
8, 10, and 222 (223, 224, and 225)
,
WEDNESDAY, DECEMBER 9, 195 3 98
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Ben B. Mathews, of Ramona, Calif., on motion of Mr. Ernest W.McFarland; George Lynde Richardson, of Exeter, N. H., on motion
of Mr. Dugald Walker Hudson;Joseph H. A. Rogan, of Baltimore,
Md., and J. Francis Ford, of Baltimore, Md., on motion of Mr. James
A. Cobb ; J. F. McClellan, of Nashville, Tenn., on motion of Mr. Z.
Alexander Looby ; Robert Y. Patterson, Jr., of Tallahassee, Fla., on
motion of Mr. Lewis We Petteway ; Gaetano V. Strati, of Bronxville,
N. Y., on motion of Mr. Albert M. Kuhfeld;Jerry Peter Hontas, of
Canton, Ohio, on motion of Mr. Henderson H. Carson; Chas. L.
Barnard, of San Francisco, Calif., on motion of Mrs. Muriel S. Paul
;
and C. Ashley Johnson, of San Diego, Calif., on motion of Mr. Charles
T. Akre, were admitted to practice.
No. 8. Spottswood Thomas Boiling et al., petitioners, v. C. Melvin
Sharpe et al. Reargument continued by Mr. Milton D. Korman for
the respondents and concluded by Mr. James M. Nabrit for the
petitioners.
No. 10. Francis B« Gebhart, William B. Horner, Eugene H. Shall-
cross, et al., petitioners, v. Ethel Louise Belton, an Infant, by her
Guardian ad litem, Ethel Belton, et al. Reargued by Mr. H. Albert
Young for the petitioners and by Mr. Jack Greenberg and Mr. Thur-
good Marshall for the respondents.
No. 222. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, and the United
States of America, on Behalf of the Postmaster General
;
No. 223. Delta Air Lines, Inc., petitioner, v. Arthur E. Summer-field, Postmaster General of the United States and the United States
of America, on Behalf of the Postmaster General
;
No. 224. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, the United States
of America, on Behalf of the Postmaster General and Western Air
Lines, Inc.; and
26958a—53 28
WEDNESDAY, DECEMBER 9, 1953 99
No. 225. Western Air Lines, Inc., petitioner, v. Civil Aeronautics
Board, Arthur E. Summerfield, Postmaster General of the United
States, and the United States of America, on Behalf of the Postmaster
General. Three hours allowed for oral argument. Argument commenced by Mr. Emory T. Nunneley, Jr., for the Civil Aeronautics
Board, continued by Mr. L. Welch Pogue for Delta Air Lines, Inc.,
by Mr, Hugh W. Darling for the Western Air Lines, Inc., and by
Mr. Daniel Friedman for Summerfield, et al.
Adjourned until tomorrow at 12 o'clock.
The day call for Thursdav, December 10, will be as follows : Nos.
222(223, 224, and 225).
x
THURSDAY, DECEMBER 10, 1953 100
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Bennette E. Geer, Jr., of Alexandria, Va., and Richard M. Cox, of
Washington, D. C, on motion of Mr. T. Ellis Allison, were admitted
to practice.
No. 222. Civil Aeronautics Board, petitioner, v. Arthur E. Summer-field, Postmaster General of the United States, and the United States
of America, on Behalf of the Postmaster General
;
No. 223. Delta Air Lines, Inc., petitioner, v. Arthur E. Summer-field, Postmaster General of the United States and the United States
of America, on Behalf of the Postmaster General
;
No. 224. Civil Aeronautics Board, petitioner, v. Arthur E. Summer-field, Postmaster General of the United States, the United States of
America, on Behalf of the Postmaster General and Western Air Lines,
Inc. ; and
No. 225. Western Air Lines, Inc., petitioner, v. Civil Aeronautics
Board, Arthur E. Summeriield, Postmaster General of the United
States, and the United States of America, on Behalf of the Post-
master General. Argument continued by Mr. Daniel Friedman for
Summerfield et al. and concluded by Mr. Hugh W. Darling for
Western Air Lines, Inc.
Adjourned until Monday, December 14, next, at 12 o'clock
x
269533—S3 29
MONDAY, DECEMBER 14, 1953 101
SUPREME COUBT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Reed, Mr. Justice
Frankfurter, Mr. Justice Jackson, Mr. Justice Burton, Mr. Justice
Clark, and Mr. Justice Minton.
Charles D. Johnson, of Indianapolis, Ind., Willis Cornell Donnelly,
of Tacoma, Wash., W. Winton Warren, of Camilla, Ga., J. Donald
Ratcliff, of Chillicothe, Ohio, Gene P. Cole, of Charlotte, N. C, I.
Maurice Miller, of DeLand, Fla., Joseph A. Sullivan, of Montreal,
Wis., Fred W. Doerner, Jr., of St. Louis, Mo., James F. Bland, of
Gower, Mo., Peter R. Durland, of Norfolk, Nebr., Richard Joseph
Gallagher, of Providence, R. L, George H. Scatterday, of Caldwell,
Idaho, Eldon D. Rudd, of Cottonwood, Ariz., John Thomas Conway,
of New York, N. Y., John Thomas Hilsbos, of New York, N. Y., A.
Glenwood Gilliland, of Cameron, Mo., Everett Clark Murrish, of
Xenia, Ohio, James Myers Cole, of Charlotte, N. C, Joseph Leo
Gormley, of Somerville, Mass., Herman Olin Bly, of Arlington, Va.,
and Clarence Edward Bohn, of Washington, D. C, on motion of Mr.
Acting Solicitor General Robert L. Stern; Edward H. Berry, of
Sikeston, Mo., on motion of Mr. Thos. C. Hennings, Jr.;Joseph John
Urciolo, of Washington, D. C, on motion of Mr. Raphael Gerald
Urciolo ; Odis W. Bertlesman, of Fort Thomas, Ky., on motion of Mr.
Brent Spence ; Michael Francis Xavier Dolan, of Washington, D. C,on motion of Mr. Peter J. Connolly ; Bruno Schachner, of New York,
N. Y., on motion of Mr. Arthur W. A. Cowan; I. Walton Bader, of
New York, N. Y., on motion of Mr. Maximilian Bader; ThomasJoseph Pearson, of Washington, D. C, on motion of Mr. Wilbur Brice
O'Brien; Enser William Cole, Jr., of Salisbury, N. C, Katherine E.
Shilling, of Washington, D. C, and George M. Lhamon, of Washing-
ton, D. C, on motion of Mr. Archibald King; Selma M. Levine, of
New Haven, Conn., and William John Risteau, of Chicago, 111., on
motion of Mr. William Wolcott Goodrich; James L. McDonnell, of
New York, N. Y., on motion of Mr. Joseph P. Tumulty, Jr.; Rois L.
Brockman, of Beaumont, Tex., on motion of Mr. Dwight D. Taylor
;
Joseph M. Glickstein, Jr., of Jacksonville, Fla., on motion of Mr.
Frank F. Roberson ; John Laurence Strauss, of St. Louis, Mo., on mo-
tion of Mr. Rolla C. Van Kirk; Robert J. Ahern, of Buffalo, N. Y.,
on motion of Mr. Irvin M. Kent; David L. Smith, of Washington,
D. C., on motion of Mr. Benjamin Feld; James C. Toomey, of Wash-ington, D. C., on motion of Mr. Richard Arnd Mehler ; Donal Lloyd
Turkal, of Silver Spring, Md., on motion of Mr. Edward M. Reidy
;
2e9033—53 30
MONDAY, DECEMBER 14, 195 3 102
Joshua Stuart James, of Raleigh, X. C, on motion of Mr. Ralph M.Moody
;Joseph H. Schneider, of Washington, D. C, and Albert Gins-
berg, of Hillside, Md., on motion of Mr. Ben Lindas ; John B. O'Brien,
of Easton, Pa., on motion of Mr. Thomas E. Harris; and J. RalphGasque, of Marion, S. C, on motion of Mr. J. Austin Latimer, were
admitted to practice.
No. 56. Joseph Garner and A. Joseph Garner, Trading as Central
Storage and Transfer Company, petitioners, v. Teamsters, Chauffeurs,
and Helpers Local Union No. 776 (A. F. L.) et al. On writ of cer-
tiorari to the Supreme Court of the Commonwealth of Pennsylvania,
Middle District. Judgment affirmed with costs. Opinion by Mr.
Justice Jackson.
No. 34. Howell Chevrolet Company, a Corporation, petitioner, v.
National Labor Relations Board. On writ of certiorari to the United
States Court of Appeals for the Ninth Circuit. Judgment of Court
of Appeals affirmed. Opinion by Mr. Justice Black announced by
Mr. Justice Reed. Mr. Justice Douglas dissents.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 5, Original, October Term, 1950. The State of New Jersey,
Complainant, v. The State of New York and the City of New York.
The applications of New Jersey and Pennsylvania for an extension of
time within which to answer the amended petition of the City of NewYork are granted and the time is extended to and including December
31, next.
No. 352. Julia Thompson, petitioner, v. Richard P. Lawson, as
Deputy Commissioner of the United States Bureau of Employees
Compensation, etc., et al. The petition for rehearing is granted andthe order entered November 16, 1953, granting certiorari is vacated.
No. 464. United States of America, appellant, v. The Borden Com-pany et al. Appeal from the United States District Court for the
Northern District of Illinois. In this case probable jurisdiction is
noted.
No. 287. Alaska Steamship Company, Inc., petitioner, v. John O.
Petterson ; andNo. 431. Bruce G. Barber, District Director, Immigration and Na-
turalization Service, San Francisco, California, petitioner, v. PedroGonzales. Petitions for writs of certiorari to the United States Court
of Appeals for the Ninth Circuit granted and cases transferred to the
summary docket.
MONDAY, DECEMBER 14, 195 3
No. 449. United States of America, petitioner, v. Mead Gilman,
Jr. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit granted.
No. 374. Charles F. Harad, and Sara E. Harad, Co-Partners DoingBusiness as Industrial Engineering Associates, petitioners, v. Sears,
Boebuck and Co. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied.
No. 385. Leona Henderson, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 422. The Romanian Orthodox Missionary Episcopate of
America, Through his Grace Bishop Andrei Moldovan, petitioner,
v. loan Trutza et al. Petition for writ of certiorari to the United
States Court of Appeals for the Sixth Circuit denied.
No. 430. David Swidler, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 437. William F. Wall, petitioner, v. Rudolph F. King. Peti-
tition for writ of certiorari to the United States Court of Appeals for
the First Circuit denied.
No. 442. Fidelity-Phenix Fire Insurance Company of New York,
petitioner, v. Flota Mercante Del Estado et al. Petition for writ of
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 444. City of Erlanger, Kentucky, petitioner, v. Raymond J.
Berkemeyer, the Weil Roth and Irving Company, John D. Exterkamp.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 448. Edward A. Petermichl, petitioner, v. Chicago and North-
western Railway Company. Petition for writ of certiorari to the
United States Court of Appeals for the Seventh Circuit denied.
No. 18. George Earl Toolson, petitioner, v. New York Yankees,
Inc., et al.
;
No. 23. Walter J. Kowalski, petitioner, v. Albert B. Chandler,
Individually and as Commissioner of Baseball, et al. ; andNo. 25. Jack Corbett and El Paso Baseball Club, Inc., petitioners,
v. Albert B. Chandler, Individually and as Commissioner of Baseball,
et al.
;
No. 229. Roland O. Haines et al., Comprising Keystone Policy-
holders' Committee, appellants, v. Commonwealth of Pennsylvania
et al.
;
MONDAY, DECEMBER 14, 1953 104
No. 323. Wallace C. Franklin, Jr., Regional Counsel, Wage Stabili-
zation Board, Region X, et al., appellants, v. Jonco Aircraft Corpora-
tion, a Delaware Corporation, of Shawnee, Oklahoma
;
No. 340. Wallace O. Leonard, Harry W. Holt, Rodney B. Pierce,
et al., petitioners, v. Commissioner of Internal Revenue;
No. 343. G. Seals Aiken, appellant, v. William Richardson;
No. 354. Aubrey Aeby and Norene Aeby, petitioners, v. United
States of America
;
No. 361. The Guiberson Corporation, petitioner, v. Garrett Oil
Tools, Inc. ; and
No. 369. Keystone Metal Company, petitioner, v. City of Pitts-
burgh et al. Petitions for rehearing denied.
No. 64. Del A. Fehsenfeld, John Wilkes, John Dickerson, et al., pe-
titioners, v. Ivan Whipple, Arthur C. Brown, Frank A. Taylor, et al.
;
No. 238. Charles B. McGee, appellant, v. State of North Carolina
;
No. 15, Misc. William B. Neal, petitioner, v. Ross V. Randolph,
Warden
;
No. 151, Misc. Albert Fischer Levy, petitioner, v. People of the
State of California ; and
No. 525, Misc. October Term, 1952. Paul Woodward Brink, peti-
tioner v. United States of America. Petitions for rehearing denied.
The Chief Justice took no part in the consideration or decision of these
applications.
No. 388, Misc. October Term, 1952. Frank A. Hourihan, peti-
tioner, v. National Labor Relations Board et al. Fourth petition for
rehearing denied. The Chief Justice took no part in the consideration
or decision of this application.
No. 511, Misc. October Term, 1952. John Henry Lee, petitioner,
v. State of Tennessee. Third petition for rehearing denied. TheChief Justice took no part in the consideration or decision of this
application.
No. 135, Misc. I. H. Spears, petitioner, v. Transcontinental BusSystem, Inc., et al. ; andNo. 138, Misc. Earl W. Taylor, petitioner, v. United States Board
of Parole
;
No. 152, Misc. Earl W. Taylor, petitioner, v. United States Boardof Parole; and
No. 158, Misc. Earl W. Taylor, petitioner, v. E. B. Swope,
Warden. Petitions for rehearing denied.
No. 105, Misc. George K. Vascovich, petitioner, v. Orel J. Skeen,
Warden, etc. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
MONDAY, DECEMBER 14, 1953 105
No. 182, Misc. Susie Ann Sanders, a Minor, etc., et al., petitioners,
v. Glenshaw Glass Company, Inc. Petition for writ of certiorari to
the United States Court of Appeals for the Third Circuit denied.
No. 217, Misc. Kobert E. Lang, petitioner, v. Kichard A. McGee,
Director of Corrections, State of California, et al. Petition for writ
of certiorari to the Supreme Court of California denied.
No. 218, Misc. James Joy Bishop, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 232, Misc. Martin Vola, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 237, Misc. Harrison Stewart, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 245, Misc. Harrison Stewart, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 259, Misc. Nemecio Cervantes, petitioner, v. Daniel E. Bergan,
Warden, Illinois State Penitentiary, Pontiac, 111. Petition for writ
of certiorari to the Supreme Court of Illinois denied.
No. 239, Misc. Caryl Chressman, petitioner, v. People of the State
of California et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied. The Chief
Justice took no part in the consideration or decision of this application.
Adjourned until Monday, January 4, 1954, next, at 12 o'clock.
The day call for Monday, January 4, will be as follows : Nos. 67,
69, 115, 128, 160, 163, 198 (199, 200, and 201), 195, 217, and274.
x
MONDAY, JANUARY 4, 1954 106
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Eeed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Bill Penix, of Jonesboro, Ark., on motion of Mr. Acting Solicitor
General Eobert L. Stern; Mary Burt Nash, of Little Rock, Ark., and
William Nash, of Little Rock, Ark., on motion of Mr. H. Brian
Holland; William V. Geppert, of Austin, Tex., on motion of Mr.
Price Daniel; Edgar Frank Conly, of Denver, Colo., on motion of
Mr. Byron G. Rogers ; Richard A. Edwards, of Easton, Pa., on mo-
tion of Mr. Earl W. Kintner; William W. Guild, of Austin, Tex.,
on motion of Mr. John Ben Shepperd ; Howard A. Rankin, of Port-
land, Oreg., on motion of Mr. Clyde B. Aitchison; Henry L. Stern,
of Washington, D. C., on motion of Miss Elizabeth Barnes Aduston
Rogers; Joseph Sitnick, of Silver Spring, Md., on motion of Mr.
Myron G. Ehrlich; Russell L. Furbee, of Fairmont, W. Ya., and C.
Howard Hardesty, Jr., of Fairmont, W. Va., on motion of Mr. I.
Martin Leavitt; James B. Cobb, of Washington, D. C, on motion of
Mr. George B. Parks; and Carlos C. Cadena, of San Antonio, Tex.,
on motion of Mr. Paul J. Kilday, were admitted to practice.
No. 19. Theatre Enterprises, Inc., petitioner, v. Paramount FilmDistributing Corp. et al. On writ of certiorari to the United States
Court of Appeals for the Fourth Circuit. Judgment affirmed with
costs and case remanded to the United States Court for the District
of Maryland. Opinion by Mr. Justice Clark. Dissenting : Mr. JusticeBlack. Mr. Justice Douglas withdrew from the case after its sub-
mission and took no part in the decision.
No. 184. The General Protective Committee for the Holders of
Option Warrants of the United Corporation, petitioner, v. TheSecurities and Exchange Commission et al. On writ of certiorari to
the United States Court of Appeals for the District of ColumbiaCircuit. Judgment of Court of Appeals affirmed in taking jurisdic-
tion over the controversy insofar as it related (1) to the sale by Unitedof its holdings and (2) to the offers it made to its stockholders whowanted to withdraw. Judgment of the Court of Appeals reversed
in taking jurisdiction over the provisions of the voluntary plan of
reorganization which the Securities and Exchange Commission in its
269533—54 31
MONDAY, JANUARY 4, 1954 107
order made operative on enforcement by the District Court. The case
is remanded to the Court of Appeals for proceedings in conformity
with the opinion of this Court. Opinion by Mr. Justice Douglas.
No. 31. United States of America, petitioner, v. Robert Patrick
Morgan. On writ of certiorari to the United States Court of Ap-peals for the Second Circuit. Judgment of Court of Appeals affirmed
and case remanded to the United States District Court for the Nor-
thern District of New York. Opinion by Mr. Justice Reed. Dissent-
ing opinion by Mr. Justice Minton in which the Chief Justice, Mr.
Justice Jackson, and Mr. Justice Clark join.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 81. National Labor Relations Board, petitioner, v. Bill Daniels,
Inc., Walker Motors, Inc., and Gilbert Motor Sales, Inc. On petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit. Per Curiam: The petition for writ of certiorari is
granted and the judgment is reversed. Howell Chevrolet Co. v.
National Labor Relations Board, No. 34, October Term, 1953, decided
December 14, 1953.
No. 433. David Rines, Administrator of the Estate of Lucy L.
Rines, appellant, v. The Honorable Justices of the Superior Court ; andNo. 434. David Rines, Administrator of the Estate of Lucy L.
Rines, appellant, v\ The Honorable Justices of the Superior Court.
Appeals from the Supreme Judicial Court of Massachusetts. PerCuriam: The appeals are dismissed for the want of a substantial
federal question.
No. 478. Dr. George H. Buck, appellant, v. Board of Medical
Examiners of the State of Oregon. Appeal from the Supreme Court
of Oregon. Per Curiam: The motion to dismiss is granted and the
appeal is dismissed for the want of a substantial federal question.
Mr. Justice Burton took no part in the consideration or decision of
this case.
No. 486. Southern Pacific Company, a Corporation, appellant, v.
Public Utilities Commission of the State of California et al. Appealfrom the Supreme Court of California. Per Curiam : The motion to
dismiss is granted and the appeal is dismissed for the want of a sub-
stantial federal question. The Chief Justice took no part in the con-
sideration or decision of this case.
MONDAY, JANUARY 4, 1954 108
No. 423. Lloyd M. Bentsen, Sr., et al., petitioners, v. Emery C.
Blackwell et al. The motion to permit the use of multilith instead
of printed copies of the record is denied.
No. 505. Government and Civic Employees Organizing Committee,
CIO., an Unincorporated Association, E. J. Habshey, appellants, v.
S. F. Windsor et al. The motion for an injunction is denied. Mr.
Justice Black took no part in the consideration or decision of this
motion.
No. 450. Arthur P. Allen, Chairman, Twelfth Kegion Wage Stabi-
lization Board, et al., appellants, v. Grand Central Aircraft Co., a
California Corporation. Appeal from the United States District
Court for the Northern District of California. In this case probable
jurisdiction is noted.
No. 476. Braniff Airways, Incorporated, appellant, v. Nebraska
State Board of Equalization and Assessment et al. Appeal from
the Supreme Court of Nebraska. In this case probable jurisdiction
is noted. Pursuant to a stipulation of counsel, George W. Peterson,
present Nebraska State Tax Commissioner, is substituted as a party
appellee in the place and stead of Norris J. Anderson, resigned.
No. 352. Julia Thompson, petitioner, v. Richard P. Lawson, as
Deputy Commissioner of the United States Bureau of EmployeesCompensation, etc., et al. The petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit is granted andthe case is transferred to the summary docket.
No. 196. J. B. Noble, petitioner, v. J. W. Cooke, K. Lacy, Incorpo-
rated, a Corporation, Mrs. Lawson Lacy Individually and as Inde-
pendent Executrix of the Estate of Rogers Lacy, Deceased, et al.
Petition for writ of certiorari to the Court of Civil Appeals of Texas,
Sixth Supreme Judicial District, denied.
: No. 330. American Bottling Company, petitioner, v. National
Labor Relations Board. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Fifth Circuit denied.
No. 381. State Corporation Commission of the State of Kansas,
petitioner, v. Federal Power Commission
;
No. 382. Northern Natural Gas Company, petitioner, v. Federal
Power Commission; andNo. 469. Federal Power Commission, petitioner, v. Northern
Natural Gas Company et al. Petitions for writs of certiorari to the
United States Court of Appeals for the Eighth Circuit denied.
MONDAY, JANUARY 4, 1954 109
No. 397. Arthur N. Field, as Temporary Eeceiver of the Property
and Assets of United Greek Shipowners Corporation, petitioner, v.
The United States. Petition for writ of certiorari to the United
States Court of Claims denied.
No. 425. Oliver United Filters, Incorporated, petitioner, v. Harold
F. Silver (an Individual). Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 429. Silvio DeVita, petitioner, v. State of New Jersey. Peti-
tion for writ of certiorari to the Supreme Court of New Jersey denied.
No. 445. J. Wolfe Chassen, as Trustee in Bankruptcy of Krieger
Steel Sections, Inc., petitioner, v. United States of America. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied.
No. 451. Alejandro D. Llanos et al., petitioners, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 452. Buzza-Cardozo, a California Corporation, petitioner, v.
National Labor Relations Board. Petition for writ of certiorari to
the United States Court of Appeals for the Ninth Circuit denied.
No. 453. Charles Rhoten Fine, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 455. Philip Weiss, petitioner, v. James W. Johnson, Collector
of Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit denied.
No. 461. William Stevens Coaker, petitioner, v. The State of
Texas. Petition for writ of certiorari to the Court of Criminal
Appeals of Texas denied.
No. 462. S. L. Kilgore, petitioner, v. Alfred A. McKethan et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 466. Mrs. Carolyn M. Abney, et vir, James K. Abney, peti-
tioners, v. Ellis Campbell, Jr., Collector of Internal Revenue for the
Second Collection District of Texas. Petition for writ of certiorari
to the United States Court of Appeals for the Fifth Circuit denied.
No. 467. Adele Weiss, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of AppealsI for the Second Circuit denied.
No. 470. Rose Publicker, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Courtof Appeals for the Third Circuit denied.
No. 473. Harry J. Alker, Jr., and Mamie DuBan, Individually andas Executrix of the Estate of Alfred A. DuBan, Deceased, petitioners,
MONDAY, JANUARY 4, 1954 110
v. Butcher and Sherrerd and Fidelity-Philadelphia Trust Company,Trustee. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 456. Hughes Construction Company, petitioner, v. Secretary
of Labor. Motion to substitute James P. Mitchell, present Secretary
of Labor, as the party respondent granted. Petition for writ of
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 465. Edmond L. Viles, petitioner, v. William H. Scofield et al.
Motion to dispense with printing the petition and record granted.
Petition for writ of certiorari to the Supreme Court of Colorado
denied.
No. 265. Mildred M. Wetherbee, Administratrix of the Estate of
John P. Wetherbee, Deceased, petitioner, v. Elgin, Joliet and Eastern
Railway Company
;
No. 311. United States of America, petitioner, v. Frank Fryer;
No. 324. J. and L. Snouffer, Incorporated, etc., petitioner, v. Wil-
bur B. Adams et al.
;
No. 371. Los Angeles County Pioneer Society, a Corporation in
the Process of Voluntarily Winding Up, petitioner, v. The Historical
Society of Southern California
;
No. 378. Paul C. Fisher, d/b/a Fisher Pen Company, petitioner,
v. Martin P. Durkin, Secretary of Labor
;
No. 384. Cecelia S. Larson and Russell T. Thompson, appellants,
v. City of Long Beach
;
No. 393. State of Tennessee, Eailroad and Public Utilities Com-mission of the State of Tennessee, et al., appellants, v. United States
of America, Interstate Commerce Commission, Carolina, Clinchfield
and Ohio Railway, etc., et al.
;
No. 403. Annette S. Lunn, petitioner, v. F. W. Woolworth Com-pany
; and
No. 416. Thorvold Repsholdt, petitioner, v. United States of
America. Petitions for rehearing denied.
No. 343. G. Seals Aiken, appellant, v. William Richardson. Sec-
ond petition for rehearing denied.
No. 23, Misc. Bernard M. Shotkin, petitioner, v. Atchison, Topeka& Santa Fe R. R. Co. et al. Second petition for rehearing denied.
No. 42, Misc. Alfred D. Slack, petitioner, v. United States of
America; andNo. 131, Misc. Fred Tate, petitioner, v. People of the State of
California. Petitions for rehearing denied.
MONDAY, JANUARY 4, 1954 111
No. 368, Misc., October Term, 1952. Florence McMillan Goodmanand Frances Brodsky, petitioners, v. Ed Leigh McMillan as Trustee,
et al. Petition to withdraw the order of November 30, 1953, and for
further consideration denied. The Chief Justice took no part in the
consideration or decision of this application.
No. 102, Misc. John M. Johnson, petitioner, v. State of Iowa. Pe-
tition for writ of certiorari to the Supreme Court of Iowa denied.
No. 130, Misc. Henry Ferguson, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 136, Misc. Emory Newton Brown, petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 141, Misc. James Henderson, petitioner, v. People of the State
of Michigan. Petition for writ of certiorari to the Circuit Court for
the County of Macomb, Michigan, denied.
No. 142, Misc. John Ikey Esters, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 212, Misc. Otis Harrod, petitioner, v. Porter B. Lady, Warden,Kentucky State Reformatory, La Grange, Kentucky, and Common-wealth of Kentucky. Petition for writ of certiorari to the Court of
Appeals of Kentucky denied.
No. 220, Misc. Louis T. Lepera, petitioner, v. Cornelius J. Burke,
Warden. Petition for writ of certiorari to the Supreme Court of
Pennsylvania, Eastern District, denied.
No. 224, Misc. Guy N. Stafford, petitioner, v. G. M. Russell, Joseph
R. Vaughan, et al. Petition for writ of certiorari to the District
Court of Appeal of California, Second Appellate District, denied.
No. 228, Misc. Glen Earl Losinger, petitioner, v. William H.Bannan, Warden. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 231, Misc. Henry Lewis, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of Illi-
nois denied.
No. 234, Misc. James Arterburn, petitioner, v. Herbert H. Hahn,Warden. Petition for writ of certiorari to the Supreme Court of
Nebraska denied.
No. 238, Misc. Walter Irvin, petitioner, v. State of Florida. Peti-
tion for writ of certiorari to the Supreme Court of Florida denied.
MONDAY, JANUARY 4, 1954 112
No. 240, Misc. Kobert Kitzinger, petitioner, v. John W. Claudy
and Acting Warden Maroney, et al. Petition for writ of certiorari
to the Supreme Court of Pennsylvania, Western District, denied.
No. 241, Misc. Henry O. Prudeaux, petitioner, v. State of Wash-ington. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 242, Misc. Andrew Foley, petitioner, v. State of Illinois et al.
Petition for writ of certiorari to the Supreme Court of Illinois denied.
No. 246, Misc. Harry Meyers, petitioner, v. James V. Bartley,
Judge, etc. Petition for writ of certiorari to the Circuit Court of
Will County, Illinois, denied.
No. 249, Misc. Henry Thompson, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Circuit Court of Ran-
dolph County, Illinois, denied.
No. 252, Misc. Charles A. Byrnes, petitioner, v. Joseph E. Ragen,
Warden of Illinois State Penitentiary, Joliet, Illinois. Petition for
writ of certiorari to the Circuit Court of Will County, Illinois, denied.
No. 256, Misc. Burley J. Orr, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 257, Misc. Leverett Blackwell, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 263, Misc. Robert Dayton, petitioner, v. Orel J. Skeen, Warden,etc. Petition for writ of certiorari to the Supreme Court of Appeals
of West Virginia denied.
No. 267, Misc. James E. Hollenbeck, petitioner, v. John R. Cranor,
as Superintendent, etc. Petition for writ of certiorari to the SupremeCourt of Washington denied.
No. 270, Misc. James Wright, petitioner, v. Orel J. Skeen, Warden.Petition for writ of certiorari to the Supreme Court of Appeals of
West Virginia denied.
No. 271, Misc. John Henry Davis, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 160, Misc. Robert Eugene Hyser, petitioner, v. United States
of America. Motion for leave to file petition for writ of mandamusor writ of certiorari denied.
MONDAY, JANUARY 4, 1954 113
No. 260, Misc. Commodore Perry Sam, petitioner, v. John R.
Cranor, Superintendent of the Washington State Penitentiary, Walla
Walla, Washington ; and
No. 261, Misc. Gordon Holland, petitioner, v. State of Michigan.
Motions for leave to file petitions for writs of habeas corpus denied.
No. 184, Misc. John Henry Davis, petitioner, v. State of WestVirginia et al. ; and
No. 262, Misc. Ex parte John H. Jacobs, petitioner. Motions for
leave to file petitions for writs of mandamus denied.
No. 280, Misc. Byron A. Piner, petitioner, v. United States of
America. Motion for leave to file petition for writ of certiorari
denied.
No. 69. Dr. Edward K. Barsky, appellant, v. The Board of Regents
of the University of the State of New York. Argued by Mr. Abra-
ham Fishbein for the appellant and by Mr. Henry S. Manley for the
appellee.
No. 115. Kern-Limerick, Inc., and United States of America, ap-
pellants, v. Carl F. Parker, Commissioner of Revenue for the State
of Arkansas. Argued by Mr. Assistant Attorney General H. Brian
Holland for the appellants and by Mr. O. T. Ward for the appellee.
No. 128. The County Board of Arlington County, Virginia, et al.,
appellants, v. State Milk Commission. Argued by Mr. Malcolm D.
Miller for the appellants and by Mr. Roger J. Whiteford for the
xppellee.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, January 5, will be as follows: Nos. 160,
163, 198 (199, 200, and 201), 195, 217, 274, 271, 300, 347,
md 318.
I ll x
TUESDAY, JANUARY 5, 1954 114
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
H. Coleman McGehee, Jr., of Richmond, Va., on motion of Mr. J.
Lindsay Almond, Jr. ; James K. Gaynor, of Greensburg, Ind., on mo-tion of Mr. Frederick Bernays Wiener; Arthur W. Machen, Jr., of
Baltimore, Md., and Francis D. Murnaghan, Jr., of Baltimore, Md., on
motion of Mr. William L. Marbury, Jr. ; B. M. Britain, of Amarillo,
Tex., on motion of Mr. Samuel A. L. Morgan ; Earl Simeon Dowell, of
Washington, D. C, and Palmer Seymore Steenerson, of Silver Spring,
Md., on motion of Mr. Joseph A. Nacrelli ; Elmer C. Martin, of Kansas
; City, Mo., on motion of Mr. Allen H. Gardner ; Franklin Joseph Healy,
i of Fayetteville, Ark., on motion of Mr. Francis Joseph Ortman;Bertram Maurice Saxe, of Atlantic City, N. J., on motion of Mr.
Donald H. Dalton; and Harold L. Herzstein, of New York, N. Y., on
motion of Mr. Henry J. Fox, were admitted to practice.
No. 160. Miller Brothers Company, appellant, v. State of Mary-
land. Argued by Mr. William L. Marbury for the appellant and by
Mr. Francis D. Murnaghan, Jr., for the appellee.
No. 163. Railway Express Agency. Incorporated, appellant, v.
Commonwealth of Virginia. Argued by Mr. Thomas B. Gay for the
appellant and by Mr. Frederick T. Gray for the appellee.
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.;
No. 199. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.
:
No. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. ; and
No. 201. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. Argumentcommenced by Mr. D. H. Culton for the appellants, continued by Mr.
W. V. Geppert and Mr. John Ben Shepperd for the appellees and by
Mr. Samuel A. L. Morgan for the appellants.
269533—£4 32
TUESDAY, JANUARY 5, 1954 115
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, January 6, will be as follows: Nos.
198 (199, 200, and 201), 195, 217, 274, 271, 300, 347, 318, 406,
and 407.
x
WEDNESDAY, JANUARY 6, 1954 116
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Frank Whitney Tenney, of San Francisco, Calif., on motion of
Mr. Stanley N. Barnes ; Leon Morris Shinberg, of Washington, D. C,on motion of Mr. Albert F. Adams
;Joseph Shively Gill, of Colum-
bus, Ohio, and Gwynne Bonnell Myers, of Columbus, Ohio, on motion
of Mr. C. William O'Neill; Morphis Albert Jamiel, of Warren, E. I.,
on motion of Mr. Robert T. Murphy ; William Martin Curran, Jr.,
of Los Angeles, Calif., on motion of Mr. John C. Harrington ; Alfred
Long Scanlan, of Bethesda, Md., on motion of Mr. Francis M. Shea
;
and Oliver Lloyd Onion, of Washington, D. C, on motion of Mr.
William P. MacCracken, Jr., were admitted to practice.
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et aL
;
No. 199. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et aL;
No. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. ; and
No. 201. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. Argumentconcluded by Mr. Samuel A. L. Morgan for the appellants.
No. 195. International Longshoremen's and Warehousemen's
Union, Local 37, et al., appellants, v. John P. Boyd, District Director,
Immigration and Naturalization Service. Argued by Mr. A. L.
Wirin for the appellants and by Mr. Charles Gordon for the appellee.
Leave granted appellants to file a reply brief within one week.
No. 217. Superior Films, Inc., appellant, v. Department of Edu-
cation of the State of Ohio, Division of Film Censorship, Clyde His-
song, Superintendent. Argued by Mr. John C. Harlor for the appel-
lant and by Mr. C. William O'Neill for the appellee.
Adjourned until tomorrow at 12 o'clock.
The day call for Thursday, January 7, will be as follows : Nos. 274,
271, 300, 347, 318, 406, 407, 435, and 67.
269533—54 33
II*
THURSDAY, JANUARY 7, 1954 117
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
H. Clifton Owens, of Baltimore, Md., on motion of Mr. Joseph
H. A. Rogan; William J. Stetter, of Alexandria, Va., on motion of
Mr. Christopher A. Ray ; John F. Mullaney, of Watford City, N. Dak.,
on motion of Mr. Maurice R. Barnes ; Walter Giles Parker, of Luther-
ville, Md., on motion of Mr. Daniel E. Klein; Marjorie Norman Rob-
! bins, of Commack, N. Y., on motion of Mr. Sidney H. Willner; and
George Conner Webster, of Washington, D. C, on motion of Mr, John
H. Myers, were admitted to practice.
No. 274. Commercial Pictures Corporation, appellant, v. The Re-
gents of the University of the State of New York. Argued by MrSc
Florence Perlow Shientag for the appellant and by Mr, Charles A.
Brind, Jr., for the appellees.
No. 271. William Adams, petitioner, v. State of Maryland. Argu-
ment commenced by Mr. J. Francis Ford for the petitioner, continued
by Mr. W. Giles Parker for the respondent, and concluded by Mr.
George E. C. Hayes for the petitioner.
No. 300. Herbert Brownell, Attorney General of the United States,
petitioner, v. Serge Rubinstein. Argument commenced by Mr. Robert
W. Ginnane for the petitioner and continued by Mr. Edward J. Ennis
for the respondent.
Adjourned until tomorrow at 12 o'clock.
The day call for Friday, January 8, will be as follows : Nos. 300,
347, 318, 406, 407, 435, and 67.
269533—54 34
X
FRIDAY, JANUARY 8, 1954 118
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
W. Troy Hall, Jr., of Tavares, Fla., on motion of Mr. James R.
Golden ; Frank L. Eddens, Jr., of Birmingham, Ala., and Eobert E.
Rickles, of Florence, Ala., on motion of Mr. J. Fielding Jones ; T. G.
Gillespie, Jr., of Indianapolis, Ind., on motion of Mr. RaymondUnderwood; and Dee W. Douglass, of Muscatine, Iowa, on motion
of Mr. George D. Sullivan, were admitted to practice.
No. '300a Herbert Brownell, Attorney General of the United States,
petitioner, v. Serge Rubinstein. Argument continued by Mr. EdwardJ. Ennis for the respondent and concluded by Mr. Robert M. Ginnane
for the petitioner.
No. 347. Vito Giallo, Antonino Valenti, and Joseph C. Juliano,
petitioners, v. United States of America. Argued by Mr. Henry K.
Chapman for the petitioners and by Mr. John F. Davis for the
respondent.
Adjourned until Monday, January 11, next, at 12 o'clock.
The day call for Monday, January 11, will be as follows: Nos. 318,
406, 407, 435, and 67.
269533—<54—35*
X
MONDAY, JANUARY 11, 1954 119
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Horace Wimberly, Jr., of Yoakum, Tex., and Gus C. Garcia,
of San Antonio, Tex., on motion of Mr. Price Daniel; George J.
Joseph, of Allentown, Pa., M. Jack Morgan, of Allentown, Pa., and
Bernard B. Naef, of Allentown, Pa., on motion of Mr. Elmore White-
hurst; Harvey Rosenberg, of Wharton, Tex., and John J. Herrera,
of Houston, Tex., on motion of Mr. Richard G. Garties; James L.
Nelson, of St. Paul, Minn., on motion of Mr. Arthur E'. Nelson ; Louis
Johnson, of Colorado Springs, Colo., on motion of Mr. Jacob Gold-
berg ; Clifton W. Enfield, of Salem, Oreg., on motion of Mr. Ashley
Sellers; John Joseph Nugent, of Providence, R. I., on motion of Mr.
Robert T. Murphy; Raymond Anthony Thomas, of Bristol, R. I., on
motion of Mr. Harvey M. Spear ; Francis William Sams, of Miami,
Fla., on motion of Mr. Frederick Stewart Gilbert, Jr.; James NathanWood, of Muncie, Ind., on motion of Mr. William E. Jenner; Gil-
berto R. Padro-Diaz, of Arecibo, P. R.. on motion of Mr. Ira M. Lowe;and John W. Neville, of Detroit, Mich., on motion of Mr. Stanley
N. Barnes, were admitted to practice.
No. 38. Julius Salsburg, appellant, v. State of Maryland. Appeal
from the Court of Appeals of Maryland. Judgment affirmed with
costs. Opinion by Mr. Justice Burton. Dissenting opinion by Mr.
Justice Douglas. Mr. Justice Reed took no part in the consideration
or decision of this case.
The Chief Justice announced the following orders of the Court
:
No. 300. Herbert Brownell, Attorney General of the United States,
petitioner, v. Serge Rubinstein. On writ of certiorari to the UnitedStates Court of Appeals for the District of Columbia Circuit. PerCuriam: The judgment is affirmed by an equally divided Court, Mr.Justice Clark took no part in the consideration or decision of this case.
No. 347. Yito Giallo, Antonino Valenti, and Joseph C. Juliano,
petitioners, v. United States of America. On writ of certiorari to the
United States Court of Appeals for the Second Circuit. Per Curiam:
Judgment affirmed.
269533—54 36
MONDAY, JANUARY 11, 1954 120
The Chief Justice said:
"The other orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 115. Kern-Limerick, Inc., and United States of America, ap-
pellants, v. Carl F. Parker, Commissioner of Revenues for the State of
Arkansas. The motion of the Solicitor General to substitute VanceScurlock, present Commissioner of Eevenues, as the party appellee in
the place and stead of Carl F. Parker is granted, all parties consenting.
No. 423. Lloyd M. Bentsen, Sr., et al., petitioners, v. Emery C.
Blackwell et al. The application of the Solicitor General on behalf of
the Securities and Exchange Commission for leave to appear and pre-
sent oral argument as amicus curiae is granted and one-half hour is
allowed for that purpose.
No. 500. United States of America, appellant, v. Floyd Dixon.
Appeal from the United States District Court for the Northern Dis-
trict of Georgia. In this case probable jurisdiction is noted and case
transferred to the summary docket.
No. 154. Edward R. Downing, Randolph Phillips, and 22,081
Stockholders of the United Corporation, petitioners, v. Securities andExchange Commission and the United Corporation. Petition for
writ of certiorari to the United States Court for Appeals for the
District of Columbia Circuit denied.
No. 460. Chicago and North Western Railway Company, peti-
tioner, v. Ben C. Davenport et al. Petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 474. R. B. Colbert, E. J. Barret, John A. Gross, et al., peti-
tioners, v. Brotherhood of Railroad Trainmen, Brotherhood of Rail-
road Trainmen Lodge No. 448, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 28, Misc. Joseph Bednarik, petitioner, v. R. W. Alvis, Warden,et al. Petition for writ of certiorari to the Supreme Court of Ohiodenied for the reason that the judgment below is based on state pro-
cedural grounds adequate to support it.
No. 226, Misc. S. Leon Levy, petitioner, v. The United States.
Petition for writ of certiorari to the United States Court of Claims
denied.
No. 244, Misc. Lester A. Hall, petitioner, v. State of Florida.
Petition for writ of certiorari to the Supreme Court of Florida
denied.
MONDAY, JANUARY 11, 1954 121
No. 253, Misc. Elmer Newman, petitioner, v. Orel J. Skeen,
Warden, West Virginia State Penitentiary, Moundsville, WestVirginia. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 269, Misc. William F. Krell, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 275, Misc. George Parker, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 276, Misc. Charles V. Hammack, petitioner, v. Ross V. Ran-
dolph, Warden. Petition for writ of certiorari to the Circuit Court
of Randolph County, Illinois, denied.
No. 277, Misc. Charles S. Sheppard, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 282, Misc. Hayden C. Jones, petitioner, v. Captain James F.
Maroney, Warden, etc. Petition for writ of certiorari to the Court
of Common Pleas of Allegheny County, Pennsylvania, denied.
No. 178, Misc. Ex parte Emil Sztwiertnia, petitioner. The motion
for leave to file petition for writ of habeas corpus is denied. Mr.
Justice Black and Mr. Justice Douglas would grant leave to file.
Leave to file not being granted, they would deny only without preju-
dice to petitioner's right to file a petition for writ of habeas corpus in
the United States District Court. In either case they would appoint
counsel to represent petitioner.
No. 250, Misc. Thomas Stephenson, petitioner, v. State of NewJersey et al. Motion for leave to file petition for writ of habeas cor-
pus denied.
The Court will take a recess from Monday, January 18, until Mon-day, February 1, next.
No. '318. Allan Gordon and Eli Tempkin, petitioners, v. United
States of America. Argued by Mr. John S. Boyden for the peti-
tioners and by Mr. John R. Benney for the respondent.
No. 406. Pete Hernandez, petitioner, v. The State of Texas. Argu-ment commenced by Mr. Carlos C. Cadena for the petitioner, con-
tinued by Mr. Gus C. Garcia for the petitioner and concluded by Mr.
Horace Wimberly for the respondent.
MONDAY, JANUARY 11, 1954 122
No. 407. Robert Norbert Galvan, petitioner, v. U. L. Press, Officer
in Charge, Immigration and Naturalization Service, etc. Argumentcommenced by Mr. Harry Wolpin for the petitioner, and continued
by Mr. A. L. Wirin for the petitioner and by Mr. Oscar H. Davis for
the respondent.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, January 12, will be as follows : Nos. 407,
435, and 67.
x
TUESDAY, JANUARY 12, 1954 123
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton,
Martin Adolphus Coyle, of Hamilton, Ohio, on motion of Mr,
John W. Bricker ; Bart L. Cohen, of Tallahassee, Fla., on motion of
Mr. Kobert James Eosthal; John W. Graff, of St. Paul, Minn., onmotion of Mr. A. Jerome Hoffmann; Armin J. Herz, of Springfield,
Pa., on motion of Mr. M. E. Jones; H. Gunter Stephenson, of Winter
Haven, Fla., on motion of Mr. James K. Golden;Rodney J. McMahon,
of Meriden, Conn., on motion of Mr. Eugene Xavier Murphy ; Robert
A. Koch, of Chicago, 111., on motion of Mr. Robert C. Barnard ; and
John Bofinger Miller, of Savannah, Ga., on motion of Mr. John K,
Carlock, were admitted to practice*
No. 407. Robert Norbert Galvan, petitioner, v. U. L. Press, Officer
in Charge, Immigration and Naturalization Service, etc. Argumentcontinued by Mr. Oscar H. Davis for the respondent and concluded
by Mr. A. L. Wirin for the petitioner. Leave granted petitioner to
file a reply brief by tomorrow with leave to the respondent to respond
thereto within seven days.
No. 435. A. Elwood North, petitioner, v. State of Florida. Argued
by Mr. Claude Pepper for the petitioner and by Mr. Bart L. Cohen
for the respondent.
No. 67. Julius Emspak, petitioner, v. United States of America.
Argument commenced by Mr. David Scribner for the petitioner and
continued by Mr. Acting Solicitor General Ste^n for the respondent
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, January 13, will be as follows : No. 67»
269533—54 37
WEDNESDAY, JANUARY 13, 1954 124
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
No. 67. Julius Emspak, petitioner, v. United States of America.
Argument continued by Mr. Acting Solicitor General Stern for the
respondent and concluded by Mr. David Scribner for the petitioner.
Adjourned until Monday, January 18, next, at 12 o'clock.
X
269533—54 38
K6
MONDAY, JANUARY 18, 1954 125
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Victor D. Tort, of Atlantic City, 1ST. J., on motion of Mr. Acting
Solicitor General Robert L. Stern; Frank Martin, Jr., of Boise,
Idaho, on motion of Mr. Stanley N. Barnes ; Edward Richard Callis-
ter, Jr., of Salt Lake City, Utah, on motion of Mr. Arthur V. Watkins
;
Howard B. Black, of Cheyenne, Wyo., on motion of Mr. Frank A.
Barrett; Omer L. Griffin, of Denver, Colo., and Charles M. Soller,
of Denver, Colo., on motion of Mr. Henry P. Chandler; Eugene R.
Pietkiewicz, of Chicago, 111., on motion of Mr. Thaddeus M. Mach-rowicz; Robert A. Forsythe, of Minneapolis, Minn., on motion of
Mr. Warren E. Burger; Thomas Willis Kehr, of Chillicothe, 111.,
on motion of Mr. Royal E. Jackson; Francis A. Mulhern, of GlenRidge, N. J., Daniel B. Goldberg, of New York, N. Y., and Sidney
Goldstein, of New York, N. Y., on motion of Mr. Wilbur LaRoe, Jr.
;
David Francis Keefe, of Northampton, Mass., on motion of Mr.Benedict F. Fitzgerald, Jr. ; Sumner M. Lieberman, of Boston, Mass.,
on motion of Mr. Claude L. Dawson ; Robert DeWitte Yeomans, of
Olympia, Wash., on motion of Mr. Ronald J. Foulis;Joseph J. Brown,
of Lincoln, Nebr., on motion of Mr. Walter R. Johnson ; Laurence W.Beilenson, of Los Angeles, Calif., on motion of Mr. Thomas N. Tar-
leau; Richard W. Lund, of Los Angeles, Calif., on motion of Mr.
Richard S. Doyle; Henry Bruce Keiser, of New York, N. Y., on
motion of Mr. Norman J. Morrisson;George Sanford Indig, of New
York, N. Y., on motion of Mr. Thomas Hayward Brown; Dean L.
Weichman, of Cleveland, Ohio, on motion of Mr. Joseph EugeneKeller ; John R. James, of Wichita Falls, Tex., on motion of Mr. FredB. Hammond, Jr. ; Horace A. Ruckel, of Springfield, 111., on motion
of Mr. Gerard Van Arkel;George B. White, of San Francisco, Calif.,
on motion of Mr. Howard H. Schmidt; and John J. Spriggs, Sr.,
of Lander, Wyo., and John J. Spriggs, Jr., of Lander, Wyo., on
motion of Mr. Albert Ginsberg, were admitted to practice.
No. 209. Chicago, Rock Island and Pacific Railroad Company, pe-
titioner, v. Archie C. Stude, William Lumpkin and Pottawattamie
County, Iowa. On writ of certiorari to the United States Courtof Appeals for the Eighth Circuit. Judgment of Court of Appeals
269533—54 39'
MONDAY, JANUARY 18, 1954 126
affirmed with costs and case remanded to the United States District
Court for the Southern District of Iowa, Opinion by Mr. Justice
Minton. Mr. Justice Jackson concurs in the result. Dissenting
opinion by Mr. Justice Black. Dissenting opinion by Mr. Justice
Frankfurter.
No. 35. Manuel S. Madruga, petitioner, v. Superior Court of the
State of California, in and for the County of San Diego. On writ
of certiorari to the Supreme Court of California. Judgment affirmed
with costs. Opinion by Mr. Justice Black. Mr. Justice Keed con-
curs in the judgment of the Court. Dissenting opinion by Mr. Justice
Frankfurter in which Mr. Justice Jackson joins.
No. 94. United States of America, petitioner, v. Harold T. Lindsay
et al. On writ of certiorari to the United States Court of Appeals
for the First Circuit. Judgment affirmed and case remanded to the
United States District Court for the District of Massachusetts.
Opinion by Mr. Justice Black. Dissenting opinion by Mr. Justice
Eeed.
The Chief Justice announced the following orders of the Court
:
No. 128. The County Board of Arlington County, Virginia, et al.,
appellants, v. State Milk Commission. Appeal from the SupremeCourt of Appeals of Virginia. Per Curiam: The judgment is
affirmed. Milk Control Board v. Eisenberg Farm Products, 306 U. S.
346. Mr. Justice Black dissents.
No. 217. Superior Films, Inc., appellant, v. Department of Educa-
tion of the State of Ohio, Division of Film Censorship, Clyde His-
song, Superintendent. Appeal from the Supreme Court of Ohio ; and
No. 274. Commercial Pictures Corporation, appellant, v. The Re-
gents of the University of the State of New York. Appeal from the
Court of Appeals of New York. Per Curiam: The judgments are
reversed. Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495. Concur-
ring opinion filed by Mr. Justice Douglas, with whom Mr. Justice
Black agrees.
No. 435. A. Elwood North, petitioner, v. State of Florida. On writ
of certiorari to the Supreme Court of Florida. Per Curiam: Thejudgment is affirmed.
No. 48. Building Trades Council et al., petitioners, v. Kinard Con-
struction Company. On petition for writ of certiorari to the Supreme
Court of Alabama. Per Curiam: The petition for writ of certiorari
is granted, and the judgment is reversed. Garner v. Teamsters,
Chauffeurs and Helpers, Local Union No. 776 (A. F. L.) , et al., No. 56,
October Term, 1953, decided December 14, 1953. Since there has been
no clear showing that Eespondent has applied to the National Labor
Relations Board for appropriate relief, or that it would be futile to
MONDAY, JANUARY 18, 1954 127
do so, the Court does not pass upon the question suggested by the
opinion below of whether the State court could grant its own relief
should the Board decline to exercise its jurisdiction.
The Chief Justice said
:
"The other orders of the Court appear upon the list certified by
the Chief Justice and filed with the Clerk and will not be announced
orally."
No. 188. United Construction Workers, Affiliated with United
Mine Workers of America, et al., petitioners, v. Laburnum Construc-
tion Corporation. The petition for writ of certiorari to the SupremeCourt of Appeals of Virginia is granted limited to the following
question
:
"In view of the type of conduct found by the Supreme Court of
Appeals of Virginia to have been carried out by Petitioners, does the
National Labor Relations Board have exclusive jurisdiction over the
subject matter so as to preclude the State court from hearing anddetermining the issues in a common law tort action based upon this
conduct."
The Government is invited to submit a memorandum setting forth
the policy of the National Labor Relations Board in regard to : (1) the
proviso in § 10 (a), 61 Stat. 146, 29 U. S. C. (Supp. Ill) § 160 (a),
and (2) other cases, apart from those in § 10 (a), in which the Boarddeclines to exercise its statutory jurisdiction. The memorandumshould indicate by what standards the Board declines to act and
whether the standards are applied by rule or regulation or on a case
by case method.
No. 398. Capital Service, Inc., a California Corporation, etc., et al.,
petitioners, v. National Labor Relations Board. The petition for writ
of certiorari to the United States Court of Appeals for the Ninth
Circuit is granted limited to the following question
:
"In view of the fact that exclusive jurisdiction over the subject
matter was in the National Labor Relations Board, Garner v.
Teamsters, Chauffeurs and Helpers, Local Union No. 776 (A. F. L.),
et al., No. 56, October Term, 1953, decided December 14, 1953, could
the Federal District Court, on application of the Board, enjoin Peti-
tioners from enforcing an injunction already obtained from the State
court."
No. 280. Phillips Petroleum Company, petitioner, v. State of
Wisconsin et al. ; andNo. 281. State of Texas et al., petitioners, v. State of Wisconsin
et al. On petitions for rehearing and petitions for writ of certiorari
to the United States Court of Appeals for the District of ColumbiaCircuit. Petitions for rehearing granted. The orders entered Novem-
MONDAY, JANUARY 18, 1954 128
ber 30, 1953, denying certiorari are vacated and the petitions for writ
of certiorari are granted. Mr. Justice Black dissents. The motion
for leave to file brief of the Independent Petroleum Ass'n et al., as
amici curiae, is denied.
No. 418. Federal Power Commission, petitioner, v. State of Wis-
consin, Public Service Commission of Wisconsin, et al. On petition
for writ of certiorari to the United States Court of Appeals for the
District of Columbia Circuit. The order entered November 30, 1953,
denying certiorari is vacated and the petition for writ of certiorari
is granted. Mr. Justice Black dissents.
— Original. State of Alabama, complainant, v. State of Texas et al.
;
and— Original. State of Rhode Island and Providence Plantations,
complainant, v. State of Louisiana et al. These cases are set for hear-
ing on the motions for leave to file the complaints and are assigned
for argument at the foot of the call for Monday, February 1, each
side in each case to be allowed 30 minutes for oral argument. TheChief Justice took no part in the consideration or decision of this
question.
No. 5, Original, October Term, 1950. The State of New Jersey, com-
plainant, v. The State of New York and the City of New York. Theanswers of the State of New Jersey and of the Commonwealth of
Pennsylvania to the amended petition of the City of New York to
modify the decree are received and they, along with the amended peti-
tion, are referred to the Special Master.
No. 475. L. Ronney and Sons Furniture Manufacturing Company,
a Co-Partnership Consisting of Sam Ronney and Milton Ronney,
petitioner, v. National Labor Relations Board. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 477. Samuel Kohlberg, petitioner, v. Carl Gray, Adminis-
trator of Veterans Affairs, et al. Petition for writ of certiorari to
the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 482. Harvey Radio Laboratories, Inc., petitioner, v. The
United States. Petition for writ of certiorari to the United States
Court of Claims denied.
No. 485. Food Fair Stores, Inc., petitioner, v. Square Deal Market
Company, Inc. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
MONDAY, JANUARY 18, 1954 129
No. 487. V. S. Anderson and M. C. Anderson, Copartners DoingBusiness as Pacific Moulded Products Company, petitioners, v. Na-tional Labor Eelations Board. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 488. William F. Spang et al., petitioners, v. Eobert C. Watson,
Commissioner of Patents. Petition for writ of certiorari to the
United States Court of Appeals for the District of Columbia Circuit
denied.
No. 489. Howard Seaboy Tickle, petitioner, v. State of North
Carolina. Petition for writ of certiorari to the Supreme Court of
North Carolina denied.
No. 491. Myra Page Wiren, petitioner, v. Paramount Pictures,
Inc. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 496. Noah Dietrich, petitioner, v. Carol Dietrich. Petition for
writ of certiorari to the Supreme Court of California denied.
No. 364. Investors Eoyalty Company, Inc., a Delaware Corpora-
tion, petitioner, v. Market Trend Survey, Inc., a Corporation, et al.
;
No. 387. Julia Gallagher, as Administratrix of the Estate of JamesGallagher, Deceased, and Julia Gallagher, petitioners, v. United
States Lines Company et al.
;
No. 426. L. B. Glover, George Franklin Humphries, et al., peti-
tioners, v. W. P. H. McFaddin et al.
;
No. 432. Morand Brothers Beverage Co. et al., petitioners, v. Na-
tional Labor Eelations Board ; and
No. 441. Western Pacific Eailroad Corporation et al., petitioners,
v. Western Pacific Eailroad Company et al. Petitions for rehearing
denied.
No. 236, Misc. Wilfred Keys, petitioner, v. Commonwealth of
Pennsylvania et al. Petition for writ of certiorari to the SupremeCourt of Pennsylvania, Eastern District, denied.
No. 254, Misc. James GarrafFa, petitioner, v. People of the State
of New York. Petition for writ of certiorari to the Appellate Divi-
sion of the Supreme Court of New York, First Department, denied.
No. 258, Misc. Valerie Eubinstein, etc., petitioner, v. Serge Eubin-
stein, etc., et al. Petition for writ of certiorari to the Court of Ap-peals of New York denied.
No. 274, Misc. Cecil Swain, petitioner, v. H. O. Teets, Warden.
Petition for writ of certiorari to the Supreme Court of California
denied.
MONDAY, JANUARY 18, 195 4 130
No. 283, Misc. Frank Schanda, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 286, Misc. Lendal L. Lair, petitioner, v. Eoss V. Randolph,
Warden of Illinois State Penitentiary, Menard, Illinois. Petition
for writ of certiorari to the Supreme Court of Illinois denied.
No. 288, Misc. Edward T. Curley, petitioner, v. State of Wiscon-
sin. Petition for writ of certiorari to the Supreme Court of Wis-
consin denied.
No. 294, Misc. Samuel Appice, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 296, Misc. Donald H. Lilyroth, petitioner, v. Joseph E. Ragen,
Warden, Illinois State Penitentiary, Joliet, Illinois. Petition for
writ of certiorari to the Circuit Court of Lee County, Illinois, denied.
No. 298, Misc. Raymond Orrie, petitioner, v. State of Wisconsin
and John C. Burke, Warden, Wisconsin State Prison. Petition for
writ of certiorari to the Supreme Court of Wisconsin denied.
No. 299, Misc. Donald J. Hammond, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 307, Misc. C. E. Walters, petitioner, v. State of Iowa. Peti-
tion for writ of certiorari to the Supreme Court of Iowa denied.
No. 265, Misc. Alden William Brooks, petitioner, v. Dr. Ivan W.Steele, Warden, United States Medical Center, Springfield, Missouri.
Motion for leave to file petition for writ of habeas corpus denied.
Adjourned until Monday, February 1, next, at 12 o'clock.
The day call for Monday, February 1, will be as follows : 117 (118
and 119), 304, 335, 366, 389, 404, 439, 440, — Original, Alabamav. Texas et al., and — Original, Rhode Island v. Louisiana et al.
X
MONDAY, FEBRUARY 1, 1954 131
SUPREME COUKT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Salvatore E. Guiffre Oddo, of Chicago, 111., Joseph WalterMioduski, of Chicago, 111., and Jennings Patrick Felix, of Tacoma,Wash., on motion of Mr. Acting Solicitor General Robert L. Stern
;
Lloyd Louis Wiehl, of Yakima, Wash., on motion of Mr. Warren G.
! Magnuson; Walter Lee Mitchell, of Atlanta, Ga., on motion of Mr.
Richard B. Russell, Jr.; Edward E. Murane, of Casper, Wyo., andCharles R. Leick, of Kansas City, Mo., on motion of Mr. Frank A.
Barrett; Gerald E. Dennis, of Fort Wayne, Ind., on motion of Mr.
E. Ross Adair; George Jonathan Danforth, Jr., of Sioux Falls, S.
Dak., on motion of Mr. Garrett Fuller ; Frank E. Maloney, of Gaines-
ville, Fla., on motion of Mr. Wm. Armstrong Hunter; KenelmLawrence Shirk, Jr., of Lancaster, Pa., on motion of Mr. Kenelm L.
Shirk;George Churchill Allen, of Cincinnati, Ohio, on motion of Mr.
Robert E. Freer; E. Robert Pratt, of Rockville Centre, N. Y., and
Edward M. O. Pratt, of Rockville Centre, N. Y., on motion of Mr.
Harry Marselli ; Orville F. Grahame, of Worcester, Mass., on motion
of Mr. Thomas Ellsworth Martin;George G. Grover, of La Canada,
Calif., on motion of Mr. Edmund G. Brown; Prentiss Moore, of Los
Angeles, Calif., on motion of Mr. William V. O'Connor; Burton F.
Ellis, of Cascade, Mont., on motion of Mr. Arnold G. Eger, Rudolf
Wedemeyer, of Memphis, Tenn., on motion of Mr. Nicholas E. Allen;
John P. McCammon, of St. Louis, Mo., on motion of Mr. Samuel H.
Liberman; Rudolph J. Anderson, Jr., of Fanwood, N. J., on motion
of Mr. H. Linwood Godfrey;Dudley B. Tenney, of New York, N. Y.,
and Thomas E. Ervin, of New York, N. Y., on motion of Mr. Paul
Whitcomb Williams; John R. Golden, of San Francisco, Calif., and
Leslie C. Gillen, of San Francisco, Calif., on motion of Mr. J. Louis
Monarch; Fred N. Fishman, of New York, N. Y., on motion of Mr.
Philip Elman ; Frank M. Catlin, of Wolf Point, Mont., on motion of
Mr. Henry Kaiser ; Neil R. McCluhan, of Winnebago, Nebr., on mo-tion of Mr. Ray W. Nedrow ; Lowell C. Kindig, of Sioux Falls, Iowa,
on motion of Mr. I. Martin Leavitt ; Levert J. Able, of Houston, Tex.,
on motion of Mr. Arthur C. Perry ; Fred M. Burns, of Tallahassee,
Fla., on motion of Mr. George Bailey Walsh ; Fred M. Mock, of Okla-
homa City, Okla., on motion of Mr. Roscoe Rizley; Florence G. Den-
ton, of Columbus, Ohio, on motion of Miss Marion J. Harron; and269533—54 40
MONDAY, FEBRUARY 1, 1954 132
Henry H. Glassie, of Washington, D. C, on motion of Mr. Henry B.
Weaver, Jr., were admitted to practice.
No. 92. United States of America, petitioner, v. City of NewBritain, Connecticut et al. On writ of certiorari to the Supreme
Court of Errors of the State of Connecticut. Judgment vacated and
case remanded to the Supreme Court of Errors to have determined the
order of priority of the various liens asserted, in accordance with the
opinion of this Court. Opinion by Mr. Justice Minton.
No. 222. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, and the United
States of America, on Behalf of the Postmaster General; and
No. 223. Delta Air Lines, Inc., petitioner, v. Arthur E. Summer-field, Postmaster General of the United States, and the United States
of America, on Behalf of the Postmaster General. On writs of cer-
tiorari to the United States Court of Appeals for the District of Co-
lumbia Circuit. Judgment affirmed and cases remanded to the Court
of Appeals. Opinion by Mr. Justice Douglas.
No. 224. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, the United States
of America, on Behalf of the Postmaster General, and Western Air
Lines, Inc. ; and
No. 225. Western Air Lines, Inc., petitioner, v. Civil Aeronautics
Board, Arthur E. Summerneld, Postmaster General of the United
States, and the United States of America, on Behalf of the Postmaster'< General. On writs of certiorari to the United States Court of Ap-peals for the District of Columbia Circuit. Judgment affirmed andcases remanded to the Court of Appeals. Opinion by Mr. Justice
Douglas.
No. 121. Sam Walder, petitioner, v. United States of America. Onwrit of certiorari to the United States Court of Appeals for the
Eighth Circuit. Judgment affirmed and case remanded to the United
States District Court for the Western District of Missouri. Opinionby Mr. Justice Frankfurter. Mr. Justice Black and Mr. Justice
Douglas dissent.
No. 5. The Radio Officers' Union of the Commercial Telegraphers
Union, AFL, petitioner, v. National Labor Relations Board. On writ
I
of certiorari to the United States Court of Appeals for the Second
Circuit
;
No. 6. National Labor Relations Board, petitioner, v. International
Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of
America, et al. On writ of certiorari to the United States Court of
Appeals for the Eighth Circuit ; and
MONDAY, FEBRUARY 1, 1954 133
No. 7. Gaynor News Company, Inc., petitioner, v. National LaborRelations Board. On writ of certiorari to the United States Court
of Appeals for the Second Circuit. Judgment in No. 5 affirmed.
Judgment in No. 6 reversed and case remanded to the Court of Ap-peals for proceedings in conformity with the opinion of this Court.
Judgment in No. 7 affirmed. Opinion by Mr. Justice Reed. Concur-
ring opinion by Mr. Justice Frankfurter. Mr. Justice Burton and
Mr. Justice Minton, having joined in the opinion of the Court, also
join in the opinion of Mr. Justice Frankfurter. Dissenting opinion
by Mr. Justice Black in which Mr. Justice Douglas joins.
No. 50. Victor Emanuel Pereira and Eugene H. Brading, peti-
tioners, v. The United States of America. On writ of certiorari to
the United States Court of Appeals for the Fifth Circuit. Judg-
ment affirmed and case remanded to the United States District Court
for the Western District of Texas. Opinion by Mr. Chief Justice
Warren. Opinion by Mr. Justice Minton concurring in part and dis-
senting in part in which Mr. Justice Black and Mr. Justice Douglasi join. Mr. Justice Reed took no part in the consideration or decision
iof this case.
j
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 468. Arthur Jost, petitioner, v. United States of America. Onpetition for writ of certiorari to the District Court of Appeal of
California, Fourth Appellate District. Per Curiam: The petition
for writ of certiorari is granted. The judgment of the District Court
of Appeal is reversed and the cause is remanded with instructions to
proceed not inconsistent with the findings of fact and conclusions of
law and recommendations of the Commissioner of Immigration and
Naturalization, on confession of error by the Government.
No. 505. Government and Civic Employees Organizing Commit-tee, CIO, an Unincorporated Association, E. J. Habshey, appellants,
v. S. F. Windsor et al. Appeal from the United States District Court
for the Northern District of Alabama. Per Curiam : The motion to
affirm is granted and the judgment is affirmed. Mr. Justice Black
took no part in the consideration or decision of this case.
No. 389. Frank Walters and Edward Williams Jr., appellants, v.
The City of St. Louis et al. Pursuant to a stipulation of the parties,
Raymond R. Tucker, present Mayor of the City of St. Louis, Missouri,
is substituted as a party appellee in the place and stead of Joseph M.Darst.
MONDAY, FEBRUARY 1, 1954 134
No. 480. Secretary of Agriculture of the United States, appellant,
v. United States of America, Interstate Commerce Commission, TheBaltimore & Ohio Railroad Company, et al. ; and
No. 481. Florida Citrus Commission, Growers and Shippers League
of Florida, et al., appellants, v. United States of America, Interstate
Commerce Commission, The Baltimore & Ohio Railroad Company, et
al. Appeals from the United States District Court for the Southern
District of Florida. In these cases probable jurisdiction is noted and
the cases are consolidated for argument.
No. 484. City National Bank of Fairmont, a National BankingCorporation, petitioner, v. The Fidelity Mutual Life Insurance Com-pany. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 492. J. Minor Sullivan III, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 493. Jacques Codray, petitioner, v. Herbert Brownell, Jr.,
Attorney General and Successor to the Alien Property Custodian.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 494. Hollis Williams, petitioner, v. Burney J. Lindsey, Ad-ministrator of the Estate of Yerna Helen Lindsey, Deceased. Peti-
tion for writ of certiorari to the Supreme Court of Missouri denied.
No. 516. Chemical Bank & Trust Company, petitioner, v. Pru-
dence-Bonds Corporation (New Corporation) et al. Petition for writ
of certiorari to the United States Court of Appeals for the Second
Circuit denied.
No. 497. Morton Sobell, petitioner, v. United States of America.
Motion for leave to file brief of Dr. Harold C. Urey et al., as amici
curiae denied. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 498. Winton L. Welch, petitioner, v. State of Texas. Motionto dispense with printing record granted. Petition for writ of cer-
tiorari to the Court of Criminal Appeals of Texas denied.
No. 508. Lewis C. Dougall, petitioner, v. Spokane, Portland andSeattle Railway Company, a Corporation. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Ninth Circuit
denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion
certiorari should be granted.
No. 344. John Arbulich, Jr., petitioner, v. Thomas Arbulich. Mo-tion for leave to file petition for rehearing denied.
MONDAY, FEBRUARY 1, 1954 135
No. 409. The Baltimore Transfer Company, Davidson Transfer
and Storage Company, et al., appellants, v. Interstate Commerce Com-mission and United States of America;
No. 433. David Rines, Administrator of the Estate of Lucy L.
Rines, appellant, v. The Honorable Justices of the Superior Court;
No. 434. David Rines, Administrator of the Estate of Lucy L.
Rines, appellant, v. The Honorable Justices of the Superior Court;
No. 465. Edmond L. Viles, petitioner, v. William H. Scofield et al.
;
and
No. 467. Adele Weiss, petitioner, v. United States of America. Pe-
titions for rehearing denied.
No. 239, Misc. Caryl Chessman, petitioner, v. People of the State
of California et al. Petition for rehearing denied. The Chief Justice
took no part in the consideration or decision of this application.
No. 334, Misc. October Term, 1952. Jesse Maughs, petitioner, v.
M. L. Royster, Supt. of State Prison Farm. Second petition for re-
hearing denied. The Chief Justice took no part in the consideration
or decision of this application.
No. 179, Misc. Thomas Shaw, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 243, Misc. Estelle Marrion Brown, petitioner, v. Rose M. Jen-
sen. Petition for writ of certiorari to the Supreme Court of California
denied.
No. 255, Misc. Paul Richard Small, petitioner, v. Herbert H. Hann.Petition for writ of certiorari to the Supreme Court of Nebraska
denied.
No. 266, Misc. Earl C. Weldon, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Eighth Circuit denied.
No. 273, Misc. Guy N. Stafford, petitioner, v. Superior Court of
the State of California in and for the County of Los Angeles. Peti-
tion for certiorari to the Superior Court of California, in and for
the County of Los Angeles, denied.
No. 278, Misc. Luther T. Medlin et al., petitioners, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
No. 285, Misc. Tony Giarratano, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 292, Misc. James Shawver, petitioner, v. Orel J. Skeen,
Warden, West Virginia State Penitentiary, Moundsville, West Vir-
MONDAY, FEBRUARY 1, 195 4 136
ginia. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 29'3, Misc. Herbert W. Peters, petitioner, v. People of the State
of New York. Petition for writ of certiorari to the Supreme Court
of New York, Appellate Division, Third Judicial Department, denied.
No. 300, Misc. Willie Williams, petitioner, v. People of the State
of Michigan. Petition for writ of certiorari to the Supreme Court
of Michigan denied.
No. 301, Misc. Peter Ivers, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the County Court of
Otsego County, New York, denied.
No. 302, Misc. Brogie Norris, petitioner, v. W. Frank Smyth, Jr.,
Superintendent of Virginia State Penitentiary. Petition for writ
of certiorari to the Supreme Court of Appeals of Virginia denied.
No. 304, Misc. Fred Allen, petitioner, v. W. Frank Smyth, Jr.,
Supt., etc. Petition for writ of certiorari to the Supreme Court of
Appeals of Virginia denied.
No. 305, Misc. Lander Kay Gantt and Shelton H. Gainey, peti-
tioners, v. State of South Carolina. Petition for writ of certiorari
to the Supreme Court of South Carolina denied.
No. 306, Misc. Kobert Meyers, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of Illi-
nois denied.
No. 308, Misc. Ethel M. Weakly, petitioner, v. James W. Baxter
et al. Petition for writ of certiorari to the Supreme Court of Illinois
denied.
No. 310, Misc. Kobert V. Longley, petitioner, v. Harley O. Teets,
Warden. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 311, Misc. Lloyd Woodson, petitioner, v. State of Iowa. Peti-
tion for writ of certiorari to the Supreme Court of Iowa denied.
No. 313, Misc. William Mahler, petitioner, v. William H. Bannan,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 318, Misc. Leonard J. Vraniak, petitioner, v. State of Illinois.
Petition for writ of certiorari to the Supreme Court of Illinois denied.
No. 319, Misc. Casimir Jablonski, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 323, Misc. Dick Day, petitioner, v. Joseph E. Kagen, Warden.Petition for writ of certiorari to the Circuit Court of Peoria County,
Illinois, denied.
MONDAY, FEBRUARY 1, 1954 137
No. 324, Misc. Joseph J. Lewis, petitioner, v. W. Frank Smyth, Jr.,
Supt., etc. Petition for writ of certiorari to the Supreme Court
of Appeals of Virginia denied.
No. 326, Misc. John Lindsey, petitioner, v. People of the State of
California. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 328, Misc. Billie Richardson, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 331, Misc. Wilbur Pearl Britton, petitioner, v. Joseph E.
Ragen, Warden. Petition for writ of certiorari to the Circuit Court
of Shelby County, Illinois, denied.
No. 332, Misc. Armando Negron and Joseph Cruz, petitioners, v.
State of New York. Petition for writ of certiorari to the SupremeCourt of New York, Appellate Division, First Judicial Department,
denied.
No. 333, Misc. Willie Frazier, petitioner, v. State of Indiana et al.
Petition for writ of certiorari to the Circuit Court of Allen County,
Indiana, denied.
No. 335, Misc. Andrew Bradley, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 339, Misc. Thomas J. Cunningham, petitioner, v. Dr. John F.
McNeill, Superintendent of Matteawan State Hospital. Petition
for writ of certiorari to the Court of Appeals of New York denied.
No. 340, Misc. Cecil Lovedahl, petitioner, v. State of North Caro-
lina. Petition for writ of certiorari to the Supreme Court of North
Carolina denied.
No. 225, Misc. Carlo L. Anselmi, petitioner, v. Attorney General
of the United States et al. Petition for writ of certiorari to the
United States Court of Appeals for the Third Circuit denied. Motion
for leave to file petition for writ of habeas corpus also denied.
No. 334, Misc. Leslie Holloway, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied. Motion for leave to file petition for writ of habeas
corpus also denied.
No. 289, Misc. Homer J. Whelehon, petitioner, v. R. N. Eidson,
Warden, Missouri State Penitentiary
;
No. 315, Misc. LeRoy Dohrman, petitioner, v. Dr. Ivan W. Steele
;
No. 316, Misc. Carl William Burkholder, petitioner, v. United
States of America
;
MONDAY, FEBRUARY 1, 1954 138
No. 325, Misc. Harold H. Green, petitioner, v. State of Missouri
;
No. 327, Misc. Leonard Marion Bayless, petitioner, v. Ralph N.
Eidson, Warden ; and
No. 337, Misc. George F. Sholter, petitioner, v. James F. Maroney,Warden. Motions for leave to file petitions for writs of habeas corpus
denied.
No. 295, Misc. Samuel D. Collins, petitioner, v. Bert O. Webb,Warden, State Prison at Soledad, California. Motion for leave to
file petition for writ of certiorari denied.
No. 322, Misc. Ex parte The Lincoln Electric Company, petitioner.
Motion for leave to file petition for writ of mandamus denied.
The Court will take a recess from Monday, February 8, until Mon-day, March 8, next.
No. 117. Federal Communications Commission, appellant, v. Amer-ican Broadcasting Company, Inc.
;
No. 118. Federal Communications Commission, appellant, v. Na-
tional Broadcasting Company, Inc. ; and
No. 119. Federal Communications Commission, appellant, v. Co-
lumbia Broadcasting System, Inc. Argued by Mr. Roger Wollenberg
for the appellant, and by Mr. Alfred McCormack for the appellee in
No. 117, by Mr. Paul W. Williams for the appellee in No. 118, and by
Mr. Max Freund for the appellee in No. 119.
No. 304. Elmer F. Remmer, petitioner, v. United States of Amer-ica. Argument commenced by Mr. J. Louis Monarch for the peti-
tioner.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, February 2, will be as follows : Nos. 304,
335, 366, 389, 404, 439, 440, — Original, Alabama v. Texas et al.,
and — Original, Rhode Island v. Louisiana et al.
X
TUESDAY, FEBRUARY 2, 1954 139
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Charles Wilson, of Brooklyn, N. Y., on motion of Mr. Eugene J.
Keogh ; David Henry Marshall, of Honolulu, T. H., on motion of Mr.
Edward T. Miller; Robert LeRoy Chipley, Jr., of Greenwood, S. C,on motion of Mr. J. Austin Latimer ; Thomas MacPherson Thomas, of
Chicago, 111., on motion of Mr. Perry S. Patterson ; Milton P. Rice, of
Nashville, Tenn., on motion of Mr. Allison B. Humphreys, Jr. ; Arthur
Glover, of Amarillo, Tex., on motion of Mr. Walter E. Rogers ; Edith
I. Miller, of Boise, Idaho, on motion of Mr. Addison T. Smith;Eugene
J. Murphy, of Boston, Mass., on motion of Mr. George Lynde Rich-
ardson; and Stanley M. Rosenblum, of St. Louis, Mo., on motion of
Mr. Joseph L. Rauh, Jr., were admitted to practice.
I,o.
304. Elmer F. Remmer, petitioner, v. United States of Amer-ica. Argument continued by Mr. J. Louis Monarch for the petitioner
and concluded by Mr. Philip Elman for the respondent. Memoran-dum to come from petitioner.
No. 335. General Electric Company and United States of America,appellants, v. The State of Washington. Argued by Mr. M. S. Isen-
bergh for the appellants and by Mr. Jennings P. Felix for the
appellees.
No. 366. United States of America, ex rel. Joseph Accardi, peti-
tioner, v. Edward J. Shaughnessy, District Director of the Immigra-tion and Naturalization Service, etc. Argued by Mr. Jack Wasser-man for the petitioner and by Mr. Marvin E. Frankel for the
respondent.
No. 389. Frank Walters and Edward Williams, Jr., appellants, v.
The City of St. Louis et al. Argument commenced by Mr. Stanley M.Rosenblum for the appellants.
269533—54^-^41
I
TUESDAY, FEBRUARY 2, 1954 140
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, February 3, will be as follows : Nos.
389, 404, 439, 440, — Original. Alabama v. Texas et al., and —Original. Rhode Island v. Louisiana et al.
x
WEDNESDAY, FEBRUARY Z, 195 4 141
SUPREME COUET OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Lee S. Kreindler, of New York, N. Y., on motion of Mr. Acting
Solicitor General Robert L. Stern; James L. Sloan, of Little Rock,
Ark., and Thorp Thomas, of Little Rock, Ark., on motion of Mr. E. G.
Gathings ; Horace R. Alexius, Jr., of Covington, La., on motion of Mr.
James H. Morrison;Phillip Robinson, of Austin, Tex., on motion of
Mr. John Ben Shepperd ; Charles L. Stewart, Jr., of Chicago, 111., on
motion of Mr. Leo F. Tierney ; Vincent T. Wasilewski, of Cantrall,
111., on motion of Mr. Justin Miller; Noel W. Deering, of Boston,
Mass., on motion of Mr. Robert M. Peet ; Marc A. White, of Washing-
ton, D. C, on motion of Mr. Eugene F. Bogan ; and Lawrence EdwardSmith, of Washington, D. C, on motion of Mr. Richard W. Tompkins,
were admitted to practice.
No. 389. Frank Walters and Edward Williams, Jr., appellants, v.
The City of St. Louis et al. Argument continued by Mr. Stanley M.Rosenblum for the appellants, by Mr. Samuel H. Liberman for the
appellees, and concluded by Mr. Stanley M. Rosenblum for the appel-
j
lants.
No. 404. Alice D. Jacobson, Administratrix, petitioner, v. NewYork, New Haven and Hartford Railroad Company. Argued by Mr.George P. Lordan for the petitioner and by Mr. Edward R. Brumleyfor the respondent.
No. 439. United States of America, appellant, v. EmployingLathers Association of Chicago and Vicinity, Local No. 74 of Wood,Wire and Metal Lathers International Union of Chicago, et al.
Argued by Mr. Charles H. Weston for the appellant and by Mr. LeoF. Tierney for the appellees, Employing Lathers Association of Chi-
cago and Vicinity et al. and submitted by Mr. Lester Asher, Mr.Nathan M. Cohen, and Mr. Robert S. Fiffer for the appellee, Local
No. 74 of Wood, Wire and Metal Lathers International Union of
Chicago, Illinois and Vicinity.
No. 440. United States of America, appellant, v. Employing Plas-
terers Association of Chicago et al. Argued by Mr. Charles H. Wes-269533—54 42
WEDNESDAY, FEBRUARY 3, 1954 142
ton for the appellant and by Mr. Thomas M. Thomas for the appellee,
Employing Plasterers Association of Chicago, and by Mr. Daniel D.
Carmell for the appellees, Journeymen Plasterers and Benevolent
Society, Local No. 5, et al.
No.— Original. State of Alabama, complainant, v. State of Texas
et al. ; and
No. — Original. State of Rhode Island, complainant, v. State of
Louisiana et al. Argument on the motions for leave to file the com-
plaints commenced by Mr. William E. Powers for the complainants
and continued by Mr. Ben Cohen for the complainants.
Adjourned until tomorrow at 12 o'clock.
The day call for Thursday, February 4, will be as follows : Nos. —Original. Alabama v. Texas et al., and — Original. Rhode Island
v. Louisiana et al.
X
THURSDAY, FEBRUARY 4, 1954 143
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Edwin W. Paul, of Louisville, Ky., on motion of Mr. Emmet V.
Mittlebeeler ; and B. Abbott Goldberg, of San Francisco, Calif., on
motion of Mr. Edmund G. Brown, were admitted to practice.
No. — Original. State of Alabama, complainant, v. State of Texas
et al. ; and
No. — Original. State of Rhode Island, complainant, v. State of
Louisiana et al. Argument on the motions for leave to file the com-
plaints continued by Mr. Ben Cohen, Mr. Si Garrett, and Mr. MarxLeva for the complainants, by Mr. Edmund G. Brown, Mr. John L.
Madden, and Mr. Jesse P. Luton, Jr., for the defendants, and con-
cluded by Mr. Oscar H. Davis for the defendants.
Adjourned until Monday, February 8, next, at 12 o'clock.
X
269533—54 43
MONDAY, FEBRUARY 8, 1954 144
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Harold G. Leffler, of Newton, 111., Carl Everett Hennrich, of Arling-
ton, Va., and James Q. Riordan, of New York, N. Y., on motion of
Mr. Acting Solicitor General Robert L. Stern ; Jackson Littleton, of
Edinburg, Tex., and George Lawrence Crown, of Harlingen, Tex., on
motion of Mr. Price Daniel ; Robert H. Scholl, of New Canaan, Conn.,
and Einar Bernhardt Paust, of Englewood, N. J., on motion of Mr.
Cecil Morgan ; Frank F. Vesper, of Mansfield, Ohio, on motion of Mr.
James E. Kilday ; Robert Weiner, of Springfield, 111., on motion of Mr.
Paul Dobin; Everett Loring R. Giles, of Brunswick, Maine, on motion
of Mr. Robert Hale; John F. Guinee, of San Francisco, Calif., on
motion of Mr. Edward J. Taggart; James Douglas Johnson, of
Crossett, Ark., on motion of Mr. Oren Harris; James W. Hastain, of
Tulsa, Okla., on motion of Mr. Robert M. Scott ; Thomas B. Lawrence,
of Leonardtown, Md., on motion of Mr. John B. Cullen; Charles E.
Lapp, Jr., of Cedarhurst, N. Y., Paul J. Leach, of Mineola, N. Y., and
Ero K. Djerf, of New York, N. Y., on motion of Mr. Robert T. Mur-phy; William J. McAuliffe, Jr., of Boston, Mass., on motion of Mr.
Robert M. Johnson; James P. Hume, of Chicago, 111., on motion of
Mr. Charles Willard Hayes; Thomas E. Blade, of Milwaukee, Wis.,
on motion of Mr. Chester W. Wilson ; Salvatore Fabiano, of Boston,
Mass., on motion of Mr. John Joseph Graham; Samuel Keene Clagett
Kopper, of New York, N. Y., on motion of Mr. Charles F. Barber
;
Robert F. Martin, of Lost Creek, W. Va,, on motion of Mr. MatthewMansfield Neely ; Bruce A. Werlhof , of Red Bluff, Calif., on motion
of Mr. Clair Engle ; Robert Brandt von Mehren, of New York, N. Y.
on motion of Mr. Wilbur R. Lester ; Carswell H. Cobb, of Savannah,
Ga., and Orrie P. Stevens, of Arlington, Va., on motion of Mr. LeonYudkin ; John W. Nairn, of Washington, D. C, on motion of Mr. JohnA. Calhoun; and Downey Rice, of Washington, D. C, on motion of
Mr. Rufus King, were admitted to practice.
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. ; and
269533—^54 44
MONDAY, FEBRUARY 8, 195 4 145
No. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et. al. Appeals
from the Court of Civil Appeals of Texas, Third Supreme Judicial
District;
No. 199. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.; and
No. 201. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. Appeals
from the Supreme Court of Texas. Appeals in Nos. 199 and 201 dis-
missed. Judgments in Nos. 198 and 200 reversed with costs and cases
remanded to the Court of Civil Appeals for proceedings not incon-
sistent with the opinion of this Court. Opinion by Mr. Justice Clark.
No. 12. Patrick E. Irvine, petitioner, v. People of the State of Cali-
fornia. On writ of certiorari to the District Court of Appeal of Cali-
fornia, Second Appellate District. Judgment affirmed with costs.
Mr. Justice Jackson announced the judgment of the Court and an
opinion in which the Chief Justice, Mr. Justice Reed, and Mr. Justice
Minton join. Concurring opinion by Mr. Justice Clark. Dissenting
opinion by Mr. Justice Black in which Mr. Justice Douglas concurs.
Dissenting opinion by Mr. Justice Frankfurter in which Mr. Justice
Burton joins. Dissenting opinion by Mr. Justice Douglas.
No. 17. Partmar Corporation and Fanchon and Marco, Inc., peti-
tioners, v. Paramount Pictures Theatres Corporation et al. On writ
of certiorari to the United States Court of Appeals for the Ninth
Circuit. Judgment affirmed with costs and case remanded to the
United States District Court for the Southern District of California.
Opinion by Mr. Justice Reed. Dissenting opinion by Mr. Chief
Justice Warren in which Mr. Justice Black joins. Mr. Justice Jacksonand Mr. Justice Clark took no part in the consideration or decision of
this case.
No. 115. Kern-Limerick, Inc., and United States of America, ap-
pellants, v. Vance Scurlock, Commissioner of Revenues for the State of
Arkansas. Appeal from the Supreme Court of the State of Arkansas.
Judgment reversed and case remanded to the Supreme Court of
Arkansas for proceedings not inconsistent with the opinion of this
Court. Opinion by Mr. Justice Reed. Dissenting opinion by Mr.Justice Black in which the Chief Justice and Mr. Justice Douglasconcur. Dissenting opinion by Mr. Justice Douglas in which the Chief
Justice and Mr. Justice Black join.
The Chief Justice announced the following orders of the Court
:
No. 335. General Electric Company and United States of America,
appellants, v. The State of Washington. Appeal from the Supreme
MONDAY, FEBRUARY 8, 1954 146
Court of Washington. Per Curiam: The judgment is reversed. Car-
son v. Koane-Anderson Co., 342 U. S. 232.
No. 404. Alice D. Jacobson, Administratrix, petitioner, v. NewYork, New Haven and Hartford Railroad Company. On writ of
certiorari to the United States Court of Appeals for the First Cir-
cuit. Per Curiam: The judgment is affirmed. Patch v. WabashR. R. Co., 207 U. S. 277; Memphis & Charleston R. R. Co. v. Alabama,
107 U. S. 581; Seavey v. Boston & Maine R. R,, 197 F. 2d 485.
No. 318. Allan Gordon and Eli Tempkin, petitioners, v. United
States of America. On writ of certiorari to the United States Court
of Appeals for the Tenth Circuit. Per Curiam: Petitioners are busi-
ness partners in the sale of appliances. They were convicted under
section 603 of the Defense Production Act of 1950 (64 Stat. 789, 812,
814) , which provides that "Any person who willfully violates" regula-
tions promulgated under the Act shall be guilty of crime. The jury
was instructed that the knowledge of petitioners' employees waschargeable to petitioners in determining petitioners' wilfulness. Be-
cause of the instruction, the Government has confessed error. Weagree, and accordingly reverse the judgment and remand the case to
the District Court for retrial.
The Chief Justice said
:
"The other orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 501. J. A. White, George L. Sheldon, Nelson E. Taylor, andMrs. John Hancock, appellants, v. Perry W. Howard, Sr., et al.
Appeal from the United States District Court for the Southern Dis-
trict of Mississippi. Per Curiam: The judgment is vacated and the
cause is remanded to the District Court with instructions to dismiss
the complaint. Mr. Justice Black, Mr. Justice Reed, and Mr. Justice
Douglas dissent. They would postpone the question of jurisdiction to
the merits. The Chief Justice took no part in the consideration or
disposition of this case.
No. 539. Lattavo Brothers, Inc., appellant, v. Captain Andrew J.
Hudock, Commanding Squadron One, Pennsylvania State Police.
Appeal from the United States District Court for the Western Dis-
trict of Pennsylvania. Per Curiam: The motion to affirm is granted
and the judgment is affirmed.
No. 540. Amere Gas Utilities Company, a Corporation, appellant,
v. Public Service Commission of the State of West Virginia. Appealfrom the Supreme Court of Appeals of West Virginia. Per Curiam:The motion to dismiss is granted and the appeal is dismissed for the
want of a substantial federal question.
MONDAY, FEBRUARY 8, 1954 147
No. 184. The General Protective Committee for the Holders of
Option Warrants of the United Corporation, petitioner, v. The Se-
curities and Exchange Commission et al. ; and
No. 154. Edward R. Downing, Kandolph Phillips, and 22,081
Stockholders of the United Corporation, petitioners, v. Securities and
Exchange Commission and the United Corporation. The applications
to stay the mandate in No. 184 and for leave to file petitions for re-
hearing out of time in Nos. 154 and 184 are denied. Mr. Justice
Douglas took no part in the consideration or decision of these
applications.
No. 427. The Franklin National Bank of Franklin Square, appel-
lant, v. The People of the State of New York. The application of
the Solicitor General on behalf of the Government for leave to appear
and present oral argument as amicus curiae is granted and one-half
hour is allowed for that purpose.
No. 431. Bruce G. Barber, District Director, Immigration and Nat-
uralization Service, San Francisco, California, petitioner, v. Pedro
Gonzales. The motion to remove this case from the summary docket
is denied.
No. 464. United States of America, appellant, v. The Borden Com-pany et al. The motion of the appellant to supplement the record
is granted. The motion of appellees to further supplement the record
is also granted.
In the Matter of Samuel B. Wasserman. The motion to
amend the attorney's roll to show the change of name of Samuel B.
Wasserman to Samuel B. Waterman is granted.
No. 531. Sonia Herrup Alton, petitioner, v. David Elie Alton. Pe-
|
tition for writ of certiorari to the United States Court of Appeals for
the Third Circuit granted.
No. 182. Metallic Building Company, petitioner, v. National LaborRelations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 210. Harry Epstein, Irving Epstein and Lena Epstein, Co-
Partners, d/b/a Top Mode Manufacturing Co., petitioners, v. National
Labor Relations Board. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 483. United States Gypsum Company, petitioner, v. National
Labor Relations Board. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
MONDAY, FEBRUARY 8, 1954 148
No. 490. The P. Dougherty Company, petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 502. American Fire and Casualty Company, petitioner, v.
Florence C. Finn. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 504. Switzer Brothers, Inc., Robert C. Switzer, and Joseph L.
Switzer, petitioners, v. Harry P. Locklin and Elmer J. Brant, General
Partners Doing Business Under the Name of Radiant Color Company.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 507. The Cincinnati Butchers' Supply Company et al., peti-
tioners, v. Helene I. Pfeifer et al. Petition for writ of certiorari to
the United States Court of Appeals for the Sixth Circuit denied.
No. 509. Parmelee Transportation Company, a Corporation, peti-
tioner, v. Zoe Grivas. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 512. Milwaukee Electric Tool Corporation, a Wisconsin Cor-
poration, petitioner, v. Albert S. Johann. Petition for writ of cer-
tiorari to the Supreme Court of Wisconsin denied.
No. 515. John D. Pichitino, petitioner, v. State of Michigan. Peti-
tion for writ of certiorari to the Supreme Court of Michigan denied.
No. 518. Yincenzo Panebianco, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 506. William Walter Remington, petitioner, v. United States
of America. The motion to dispense with printing the record is
granted. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied. Mr. Justice Clark took no
part in the consideration or decision of these applications.
No. 475. L. Ronney and Sons Furniture Manufacturing Company,a Co-partnership Consisting of Sam Ronney and Milton Ronney,
petitioner, v. National Labor Relations Board
;
No. 65, Misc. Anna Marie Holland, petitioner, v. Safeway Stores,
Inc. ; and
No. 238, Misc. Walter Irvin, petitioner, v. State of Florida. Peti-
tions for rehearing denied.
No. 268, Misc. Jesse Dukes, also known as Sim or Sam Dukes, peti-
tioner, v. William J. Hanna, Warden, etc. Petition for writ for cer-
tiorari to the Supreme Court of New Jersey denied.
MONDAY, FEBRUARY 8, 1954 149
No. 287, Misc. Walter John Lowry, petitioner, v. Commonwealth
of Pennsylvania. Petition for writ of certiorari to the Supreme Court
of Pennsylvania, Eastern District, denied.
No. 291, Misc. Sigmund Pollack, petitioner, v. James T. Aspbury
et al. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 312, Misc. David Adams, petitioner, v. W. Frank Smyth, Jr.,
Supt., etc. Petition for writ of certiorari to the Supreme Court of
Appeals of Virginia denied.
No. 341, Misc. Louis E. Lomax, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 344, Misc. Eobert Henderson, petitioner, v. People of the State
of California. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 346, Misc. Ex parte Emil Lustig, petitioner. Motion for leave
to file petition for writ of habeas corpus denied.
Adjourned until Monday, March 8, next at 12 o'clock.
The day call for Monday, March 8, will be as follows: Nos. 401(and 402), 287, 307, 352, 423, 427, 431, 449, 450, and 476.
MONDAY, MARCH 8, 1954 150
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Eeed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Mr. Attorney General Brownell presented the Honorable SimonE. Sobeloff, of Maryland, Solicitor General of the United States.
The Chief Justice said
:
"Mr. Solicitor General, the Court welcomes you to the performance
of the important duty with which you are specially charged, the duty
of representing the Government at the Bar of this Court in all cases
in which it asserts an interest. Your commission will be recorded
by the Clerk."
Wm. V. Crosswhite, of Mound City, Kans., and Kay S. Schulz, of
Great Bend, Kans., on motion of Mr. Andrew W. Schoeppel ; NathanR. Bickford, of Springdale, Ark., on motion of Mr. James WilliamTrimble; Martin E. Rothenberg, of Pittsburg, Calif., on motion of
Mr. Robert L. Condon ; Paul G. Simpson, of Marion, Ohio, on mo-tion of Mr. Jackson E. Betts; Leo J. Crowley, of Denver, Colo., on
motion of Mr. Byron G. Rogers;Stanley R. Caidin, of Beverly Hills.
Calif., and Cecil L. Woodgate, of Dallas, Tex., on motion of Mr.
Robert L. Stern;George M. Billings, of New York, N. Y., on motion
of Mr. Albert R. Connelly;Guy H. Jones, of Conway, Ark., on mo-
tion of Mr. Wilbur D. Mills; Harold Grove Knight, of Ambler, Pa.,
on motion of Mr. Howard C. Westwood; Jack Cochran Morgan, of
Kaufman, Tex., Owen M. Giles, of Dallas, Tex., Robert Michael
Martin, Jr., of Dallas, Tex., H. Leslie Williams, of Albuquerque, N.
Mex., Robert Lee Guthrie, of Dallas, Tex., Freeman Lee Mittenthal,
of Dallas, Tex., Thomas D. Schall, of Albuquerque, N. Mex., Pat
Sheehan, of Albuquerque, N. Mex., Charles A. Kelley, of Boston,
Mass., Benjamin Osuna, of Albuquerque, N. Mex., Samuel EdwinDaugherty, of Dallas, Tex., Neil Brans, of Dallas, Tex., Rolando J.
Matteucci, of Albuquerque, N. Mex., Thomas N. Keltner, of Al-
buquerque, N. Mex., John B. McManus, Jr., of Albuquerque, N. Mex.,
James E. Sperling, of Albuquerque, N. Mex., Samuel L. Dazzo, of
Albuquerque, N. Mex., on motion of Mr. Reginald Carl Harmon;Leslie Hawes Fisher, of Washington, D. C, Jon Henry Shurette,
of Dallas, Tex., William M. Parks, of Dallas, Tex., Grover Hartt, Jr.,
of Dallas, Tex., Ford W. Hall, of Dallas, Tex., Reo C. Knowles, of
269533—£4 45
MONDAY, MARCH 8, 1954 151
Dallas, Tex., Charles T. Banister, of Corsicana, Tex., Ernest T. Foree,
of Dallas, Tex., John Calvin Ford, of Dallas, Tex., Royal H. Brin,
Jr., of Dallas, Tex., Henry David Akin, Jr., of Dallas, Tex., and RoyL. Cole, of Dallas, Tex., on motion of Mr. EdwardK Logan ; Maurice
J. McKeown, of Newark, N. J., and Charles V. Webb, Jr., of Newark,
N. J., on motion of Mr. Edward Schoen, Jr.; Noel Joseph Cipriano,
of New Orleans, La., on motion of Mr. James C. Hamilton; Robert
H. Hughes, of Dallas, Tex., on motion of Mr. Maury Hughes; HenryJ. Sorenson, of Newark, N. J., S. Allen Craft, of Bernardsville, N. J.,
Jay E. Bailey, of Newark, N. J., and Earle Ogden Bennett, of Newark,
N. J., on motion of Mr. George W. Grimm, Jr. ; Plato Ernest Papps,
of Bethesda, Md., on motion of Mr. John Maktos; Ernest Hey Beck,
of Wilmington, Del., on motion of Mr. Harold Alden Jewett; Charles
E. Mahan, of Fayetteville, W. Ya., on motion of Mr. John George
Fox; Shirley N. Holland, of Seattle, Wash., and Robert Yictor
Holland, of Seattle, Wash., on motion of Mr. Robert H. Duff ; Olavi
M. Hendrickson, of Miami, Fla., and George Richard Christ, Jr., of
Tampa, Fla., on motion of Mr. Eugene F. Mullin, Jr.; George R.
Andersen, of San Francisco, Calif., on motion of Mr. James E. Forer
;
Arthur K. Trask, of Honolulu, T. H., on motion of Mr. Edward A.
Martin; Philip E. Pugsley, of White Plains, N. Y., on motion of
Mr. John W. Nairn; Harold D. Burgess, of Chicago, 111., on motion
of Mr. Hugh Lynch; Milton Yawitz, of St. Louis, Mo., on motion
of Mr. Monroe Oppenheimer; Fayette Gere Taylor, of Washington,
D. C, on motion of Mr. Oscar Shienbrood; Martin Anthony Schnorr,
of Rochester, N. Y., on motion of Mr. Stanley L. Temko; Dayton G.
Wiley, of Memphis, Tenn., on motion of Mr. John Roy Thompson, Jr.
;
Milton S. Prince, of Brooklyn, N. Y., and William S. Parisi, of Brook-
lyn, N. Y., on motion of Mr. Joseph M. Bonuso; Allen Moore, of
Denver, Colo., on motion of Mr. Will Shafroth; Myles J. Lane, of
New York, N. Y., on motion of Mr. John Egan Shea; Elaine F.
Friedman, of New York, N. Y., and Daniel P. A. Sweeney, of NewYork, N. Y., on motion of Mr. Frederick J. Ludwig; Carl A. Julien,
of Washington, D. C, on motion of Mr. F. Gerald Toye; John Mark-
ham Freese, of Tulsa, Okla., on motion of Mr. Robert M. Scott; Clee
Fitzgerald, of Stillwater, Okla., on motion of Mr. Russell Chapin;
John Geisness, of Seattle, Wash., on motion of Mr. Ray R. Murdock;
Edward Holland Mcllheran, of Weslaco, Tex., on motion of Mr.
Garland F. Smith;George T. Hagen, of Crookston, Minn., on motion
of Mr. Conrad E. Snow; and Ivan Edward Merrick, Jr., of Wash-ington, D. C., on motion of Mr. Eugene Mills Meacham, were admitted
to practice.
No. 304. Elmer F. Remmer, petitioner, v. United States of Amer-ica. On writ of certiorari to the United States Court of Appeals for
MONDAY, MARCH 8, 1954 152
the Ninth Circuit. Judgment of Court of Appeals vacated and the
case remanded to the United States District Court for the District of
Nevada with directions to hold a hearing to determine whether the
incident complained of respecting a juror was harmful to the peti-
tioner, and if after hearing it is found to have been harmful, to grant
a new trial. Opinion by Mr. Justice Minton. The Chief Justice took
no part in the consideration or decision of this case.
No. 195. International Longshoremen's and Warehousemen's
Union, Local 37, et al., appellants, v. John P. Boyd, District Director,
Immigration and Naturalization Service. Appeal from the United
States District Court for the Western District of Washington. Judg-
ment vacated and case remanded to the District Court with directions
to dismiss the complaint. Opinion by Mr. Justice Frankfurter.
Dissenting opinion by Mr. Justice Black in which Mr. Justice Douglas
concurs.
No. 228. Emanuel L. Mazer and William Endicter, doing business
as June Lamp Manufacturing Company, petitioners, v. BenjaminStein and Eena Stein, doing business as Keglor of California. Onwrit of certiorari to the United States Court of Appeals for the Fourth
Circuit. Judgment of Court of Appeals affirmed with costs and case
remanded to the United States District Court for the District of
Maryland. Opinion by Mr. Justice Keed. Separate opinion by Mr.Justice Douglas in which Mr. Justice Black concurs.
No. 271. William Adams, petitioner, v. State of Maryland. Onwrit of certiorari to the Court of Appeals of the State of Maryland.
Judgment of Court of Appeals of Maryland affirming conviction re-
versed with costs and case remanded for further proceedings not
inconsistent with the opinion of this Court. Opinion by Mr. Justice
Black. Mr. Justice Frankfurter concurs in the result. Concurring
opinion by Mr. Justice Jackson.
No. 439. United States of America, appellant, v. Employing Lath-
ers Association of Chicago and Vicinity, Local No. 74 of Wood, Wireand Metal Lathers International Union of Chicago, et al. Appealfrom the United States District Court for the Northern District of
Illinois. Judgment reversed and case remanded for further proceed-
ings in conformity with the opinion of this Court. Opinion by Mr.Justice Black. Dissenting opinion by Mr. Justice Minton in whichMr. Justice Douglas joins.
No. 440. United States of America, appellant, v. Employing Plas-
terers Association of Chicago et al. Appeal from the United States
District Court for the Northern District of Illinois. Judgment re-
versed and case remanded for further proceedings in conformity withthe opinion of this Court. Opinion by Mr. Justice Black. Dissenting
opinion by Mr. Justice Minton in which Mr. Justice Douglas joins.
MONDAY, MARCH 8, 1954 153
No. 65. The United States, petitioner, v. Binghamton Construc-
tion Co., Inc. On writ of certiorari to the United States Court of
Claims. Judgment reversed and case remanded to the Court of Claims
for proceedings in conformity with the opinion of this Court. Opin-
ion by Mr. Chief Justice Warren.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 87. Public Utilities Commission of the State of California et
al., appellants, v. United Air Lines, Inc., Catalina Air Transport and
Civil Aeronautics Board. The motion of appellants for the allow-
ance of costs is granted and it is ordered that the mandate be recalled
and that allowable costs be taxed against the appellees, United Air
Lines, Inc., and Catalina Air Transport, a Corporation. The Chief
Justice took no part in the consideration or decision of this motion.
No. 19. Theatre Enterprises, Inc., petitioner, v. Paramount Film
Distributing Corp. et al. The motion of respondents for allowance
of costs is denied. Mr. Justice Douglas took no part in the considera-
tion or decision of this motion.
No. 184. The General Protective Committee for the Holders of Op-
tion Warrants of the United Corporation, petitioner, v. The Securities
and Exchange Commission et al. The motion of petitioner for taxa-
tion of costs to respondents, Downing and Phillips, is denied.
No. 196. J. B. Noble, petitioner, v. J. W. Cooke, R. Lacy, Incorpo-
rated, a Corporation, Mrs. Lawson Lacy Individually and as Inde-
pendent Executrix of the Estate of Rogers Lacy, Deceased, et al.
The motion of petitioner to assess printing costs against respondents
is denied.
No. 550. Max R. Morris, appellant, v. Andrew Parker, John A.
Remon, James E. Colliflower, et al. Appeal from the United States
District Court for the District of Columbia. In this case probable
jurisdiction is noted.
No. 529. National Union of Marine Cooks and Stewards, a Volun-
tary Association, petitioner, v. George Arnold et al. Petition for writ
of certiorari to the Supreme Court of Washington granted and case
transferred to the summary docket.
No. 536. Ray Brooks, petitioner, v. National Labor Relations
Board. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit granted.
MONDAY, MARCH 8, 1954 154
No. 454. Eobert Lehman, Joseph A. Thomas, and Frederick L.
Ehrman, petitioners, v. Civil Aeronautics Board, Continental Air
Lines, Inc., and National Airlines, Inc. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 499. Jack C. Vaughan, petitioner, v. Carneal Warfield, C. A.
Mewis and Mrs. C. A. Mewis, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Eighth Circuit denied.
No. 510. David Friedberg, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 511. Elwood C. Martin et al., a Co-Partnership Doing Busi-
ness as Nemec Combustion Engineers, petitioners, v. National Labor
Eelations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 522. Michael Joseph Lynch, petitioner, v. Lewis B. Hershey,
Director of Selective Service. Petition for writ of certiorari to the
United States Court of Appeals for the District of Columbia Circuit
denied.
No. 523. Rebecca Swidler and Sara Miller, petitioners, v. Knock-
long Corp., Gresa Realty Co., Inc. and Grace E. Connolly. Petition
for writ of certiorari to the Supreme Court of New York denied.
No. 524. Carolina Scenic Stages, Debtor, petitioner, v. Paul
Stevens, Receiver of Carolina Scenic Stages, and the B. F. Goodrich
Company, a Creditor. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 525. Nonles Parnacher, Devet Parnacher, Nannie Parnacher,
now Johnson and Salina Scott, petitioners, v. Houston B. Mount.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 526. Washington National Insurance Company, a Corporation,
petitioner, v. Ernst Sturm, Jr., Administrator of the Estate of AnneSturm, Deceased. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit denied.
No. 528. Philip Oxman, petitioner, v. Commonwealth of Pennsyl-
vania. Petition for writ of certiorari to the Supreme Court of Penn-sylvania, Eastern District, denied.
No. 530. Commissioner of Internal Revenue, petitioner, v. C. P-
Chamberlin et al. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 532. Hall C. Smith, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
269533—54 46
MONDAY, MARCH 8, 1954 155
No. 535. William J. Rochelle, Jr., Trustee, Liberty Broadcasting
System, Inc., No. 4,333 in Bankruptcy, petitioner, v. Hal Shideler.
Petition for writ of certiorari to the United States Court of Appealsfor the Fifth Circuit denied.
No. 538. Theodore W. Keller and Dorothy L. Keller, Co-Partners
Trading under the Name of Howard Manufacturing Company, peti-
tioners, v. United States of America. Petition for writ of certiorari
to the United States Court of Appeals for the District of ColumbiaCircuit denied.
No. 541. Harvey Stoller, d/b/a Eichland Laundry and Dry Clean-
ers, petitioner, v. National Labor Relations Board ; and
No. 542. Laundry and Dry Cleaners Union, Local 197, Affiliated
with Laundry Workers International Union, A. F. L., petitioner, v.
National Labor Relations Board. Petitions for writ of certiorari to
the United States Court of Appeals for the Ninth Circuit denied.
No. 544. Arnold Swartz and Max Goodman, petitioners, v. United
States of America. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 547. C-O-Two Fire Equipment Company, petitioner, v. Spe-
cialties Development Corporation. Petition for writ of certiorari to
the United States Court of Appeals for the Third Circuit denied.
No. 549. Charles D. Clark, Relator (on the relation of Colquitt
Clark), petitioner, v. J. F. Bryson, Sheriff of Tom Green County,
Texas. Petition for writ of certiorari to the Court of Criminal Ap-peals of Texas denied.
No. 551. Audria Hart, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 556. James F. Hickey, an Individual, and Bankers Securities
Corporation, a Corporation, petitioners, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 567. United States of America, petitioner, v. Richard W.Douglas. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 581. Simplex Cloth Cutting Machine Co., Inc., petitioner, v.
The Honorable Alexander Holtzoff, United States District Judgeand Eastman Machine Company. Petition for writ of certiorari to
the LTnited States Court of Appeals for the Second Circuit denied.
No. 438. Forest Lawn Memorial-Park Association, Inc., petitioner,
v. National Labor Relations Board ; and
No. 479. Pierce Brothers, petitioner, v. National Labor Relations
Board. Motion to defer consideration denied. Petitions for writs
MONDAY, MARCH 8, 195 4 156
of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 519. Jeoffroy Mfg., Inc., Roy Jeoffroy, and Ray L. Jeoffroy,
petitioners, v. William T. Graham and Graham-Hoeme Plow Co., Inc.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied. Mr. Justice Black and Mr. Justice
Douglas are of the opinion certiorari should be granted.
No. 533. Charles Ichiro Suehiro et al., petitioners, v. Herbert
Brownell, Jr., Attorney General of the United States as Successor to
the Alien Property Custodian. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied. Mr.
Justice Black and Mr. Justice Douglas are of the opinion certiorari
should be granted.
No. 545. Dayless Manufacturing Company, Inc., and Leslie Hoff-
man, petitioners, v. Artmoore Company and Niles Metalcraft Com-pany. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied. Mr. Justice Black and Mr.
Justice Douglas are of the opinion certiorari should be granted.
No. 546. Clayton M. Jones and Aimee Jones, his wife, petitioners,
<v. United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied. Mr.Justice Jackson took no part in the consideration or decision of this
application.
No. 81. National Labor Relations Board, petitioner, v. Bill Daniels,
Inc., Walker Motors, Inc., and Gilbert Motor Sales, Inc.
;
No. 209. Chicago, Rock Island and Pacific Railroad Company, pe-
titioner, v. Archie C. Stude, William Lumpkin, and Pottawattomie
County, Iowa;
No. 224. Civil Aeronautics Board, petitioner, v. Arthur E. Sum-merfield, Postmaster General of the United States, The United States
of America, on behalf of the Postmaster General and Western AirLines, Inc.
;
No. 225. Western Air Lines, Inc., petitioner, v. Civil Aeronautics
Board, Arthur E. Summerfield, Postmaster General of the United
States, and the United States of America, on behalf of the Postmaster
General
;
No. 435. A. Elwoocl North, petitioner, v. State of Florida;
No. 473. Harry J. Alker, Jr., and Mamie DuBan, Individually andas Executrix of the Estate of Alfred A. DuBan, Deceased, petitioners,
v. Butcher and Sherrerd and Fidelity-Philadelphia Trust Company,Trustee; and
MONDAY, MARCH 8, 1954 157
No. 474. R. B. Colbert, E. J. Barret, John A. Gross, et al., peti-
tioners, v. Brotherhood of Railroad Trainmen, Brotherhood of Rail-
road Trainmen, Lodge No. 448, et al. Petitions for rehearing denied.
No. 128. The County Board of Arlington County, Virginia, et al.,
appellants, v. State Milk Commission. Motion for leave to file
petition for rehearing denied.
No. 308, October Term, 1952. Elizabeth H. Dalehite, Henry G.
Dalehite, Jr., et al., petitioners, v. United States of America. Motion
lor leave to file a second petition for rehearing on behalf of certain
petitioners denied. The Chief Justice, Mr. Justice Douglas, and Mr.
Justice Clark took no part in the consideration or decision of this
motion.
No. 131, Misc. Fred Tate, petitioner, v. People of the State of Cali-
fornia. Second petition for rehearing denied.
No. 288, Misc. Edward T. Curley, petitioner, v. State of Wiscon-
sin; and
No. '304, Misc. Fred Allen, petitioner, v. W. Frank Smyth, Jr.,
Supt., etc. Petitions for rehearing denied.
No. 145, Misc. Harry Dwight Smith, petitioner, v. Robert A.
Heinze, Warden. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 164, Misc. Alfred Brawer, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 216, Misc. Morris Berman, petitioner, v. Bernard J. Gillroy,
Commissioner, Department of Housing and Buildings of the City of
New York, et al. Petition for writ of certiorari to the Court of
Appeals of New York denied.
No. 309, Misc. William L. Toelle, petitioner, v. Colorado Semi-
nary et al. Petition for writ of certiorari to the Supreme Court of
Colorado denied.
No. 321, Misc. Feranda Jones, petitioner, v. State of Florida. Pe-
tition for writ of certiorari to the Supreme Court of Florida denied.
No. 347, Misc. William J. Aycock, petitioner, v. State of NorthCarolina. Petition for writ of certiorari to the Supreme Court of
North Carolina denied.
No. 348, Misc. Roosevelt Cash, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
MONDAY, MARCH 8, 1954 158
No. 350, Misc. James Clementi, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey-
denied.
No. 352, Misc. Francis Haines, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 353, Misc. Frank Severa, petitioner, v. Commonwealth of
Pennsylvania. Petition for writ of certiorari to the Superior Court
of Pennsylvania, Philadelphia, denied.
No. 358, Misc. Yincenzo Fortoloni, petitioner, v. People of the
State of Michigan. Petition for writ of certiorari to the SupremeCourt of Michigan denied.
No. 359, Misc. James Marco, alias John Gasper, petitioner, v.
People of the State of Michigan. Petition for writ of certiorari to
the Supreme Court of Michigan denied.
No. 360, Misc. Eobert Landgraver, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 361, Misc. William Eollins, petitioner, v. Joseph E. Ragen,
Warden, et al. Petition for writ of certiorari to the Circuit Court
of Will County, Illinois, denied.
No. 362, Misc. Donald Nordell, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 363, Misc. Calvin Elton Barnett, petitioner, v. Joseph E.
Ragen, Warden. Petition for writ of certiorari to the Circuit Court
of Will County, Illinois, denied.
No. 365, Misc. Joseph L. DeLevay, petitioner, v. Geo. E. Keneippet al. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 367, Misc. James C. Cole, petitioner, v. Robert A. Heinze,
Warden. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 368, Misc. Walter J. Shaw, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Circuit Court of Ran-
dolph County, Illinois, denied.
No. 370, Misc. Clarence Dunlap, petitioner, v. State of Maryland.
Petition for writ of certiorari to the Court of Appeals of Marylanddenied.
No. 372, Misc. Lewis D. Marsh, petitioner, v. State of Indiana.
Petition for writ of certiorari to the Superior Court of Indiana, La-
porte County, denied.
MONDAY, MARCH 8, 1954 159
No. 375, Misc. Ernest Grandville Booth, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 376, Misc. George E. Johnson, petitioner, v. State of Illinois.
Petition for writ of certiorari to the Supreme Court of Illinois denied.
No. 377, Misc. William Wells, petitioner, v. Joseph E. Ragen,
Warden, et al. Petition for writ of certiorari to the Criminal Court
of Cook County, Illinois, denied.
No. 378, Misc. Frank Severa, petitioner, v. Fred Malpass, Parole
Officer. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 381, Misc. Harvey G. Thomas, petitioner, v. People of the
State of California. Petition for writ of certiorari to the SupremeCourt of California denied.
No. 383, Misc. Donald Nordell, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 387, Misc. John Zucco, petitioner, v. Joseph E. Ragen, Warden,etc. Petition for writ of certiorari to the Circuit Court of LakeCounty, Illinois, denied.
No. 393, Misc. Walter James Hall, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 395, Misc. Paul Malek, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 396, Misc. Willard B. Ward, petitioner, v. O. B. Ellis, General
Manager. Petition for writ of certiorari to the Supreme Court of
Texas denied.
No. 351, Misc. Nancy Cross, petitioner, v. Supreme Court of Cali-
fornia; and
No. 392, Misc. Robert Hendrickson, petitioner, v. Commonwealthof Pennsylvania. Motions for leave to file petitions for writs of
mandamus denied.
No. 354, Misc. Harry Lee Dodd, petitioner, v. Dr. I. W. Steele,
Warden
;
No. 364, Misc. Clarence Schell, petitioner, v. Ralph N. Eidson,
Warden, Missouri State Penitentiary
;
No. 366, Misc. Ambrose J. W. Frazier, petitioner, v. United States
of America
;
MONDAY, MARCH 8, 1954 160
No. 371, Misc. Ex parte William Ernest Hinkle, petitioner; and
No. 374, Misc. Lawrence Woods, petitioner, v. C. H. Looney,
Warden. Motions for leave to file petitions for writs of habeas corpus
denied.
The Court will take a recess from Monday, March 15, until Monday,
April 5, next.
No. 401. Herbert Brownell, Jr., Attorney General of the United
States as successor to the Alien Property Custodian, petitioner, v.
Eugene T. Singer ; and
No. 402. The Superintendent of Brinks of the State of New York,
etc., petitioner, v. Eugene T. Singer. Argued by Mr. James D. Hill
for the petitioner in No. 401, and by Mr. Albert E. Connelly for the
respondent and submitted by Mr. Edward Feldman and Mr. Daniel
Gersen for the petitioner in No. 402.
No. 287. Alaska Steamship Company, Inc., petitioner, v. John O.
Petterson. Argument commenced by Mr. Kobert V. Holland for the
petitioner and continued by Mr. John Geisness for the respondent.
Adjourned until tomorow at 12 o'clock.
The day call for Tuesday, March 9, will be as follows : Nos. 287,
352, 423, 427, 431, 449, 307, 450, 476, and 500.
x
TUESDAY, MARCH 9, 1954 161
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Eeed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Ted E. Killingsworth, Jr., of Arlington, Va., on motion of Mr.
Arthur V. Watkins; Burton S. Hill, of Buffalo, Wyo., on motion of
Mr. Frank A. Barrett; H. Edward Krause, of New York, N. Y., on
motion of Mr. Will Shafroth ; James Franklin Giddens, Jr., of Troy,
Ala., and William Oliver McDaniel, of Birmingham, Ala., on motion
of Mr. John Sparkman ; Robert Joseph Norvell, of Washington, D. C,on motion of Mr. J. Howard McGrath ; Paul J. Andrews, of North-
umberland, Pa., on motion of Mr. Daniel J. Andersen; Daniel M.Cohen, of Brooklyn, N. Y., on motion of Mr. Leonard E. Ackermann;Norman Ray Nashem, Jr., of Yakima, Wash., on motion of Mr. Bryce
Rea, Jr.; Chauncey C. Sheldon, of Lincoln, Nebr., on motion of Mr.
Walter R. Johnson; Julian N. Stern, of Washington, D. C, and
Thomas Vernon Lefevre, of Washington, D. C, on motion of Mr.
Randolph E. Paul; and Francis Matthew Lee, of Dedham, Mass., on
motion of Mr. Dwight D. Taylor, were admitted to practice.
No. 287. Alaska Steamship Company, Inc., petitioner, v. John O.
Petterson. Argument continued by Mr. John Geisness for the re-
spondent and concluded by Mr. Robert V. Holland for the petitioner.
No. 352. Julia Thompson, petitioner, v. Richard P. Lawson, as
Deputy Commissioner of the United States Bureau of Employees
Compensation, etc., et al. Argued by Mr. David Carliner for the peti-
tioner and by Mr. George W. Ericksen for the respondents, Gulf
Florida Terminal Company et al. and by Mr. Lester S. Jayson for
the respondent, Deputy Commissioner.
No. 423. Lloyd M. Bentsen, Sr., et al., petitioners, v. Emery C.
Blackwell et al. Argued by Mr. Paul A. Porter and Mr. Milton V.
Freeman for the petitioners and by Mr. Edward Holland Mcllheran
for the respondents and by Mr. John F. Davis for the Securities and
Exchange Commission amicus curiae, by special leave of Court.
No. 427. The Franklin National Bank of Franklin Square, appel-
lant, v. The People of the State of New York. Argument commencedby Mr. Samuel O. Clark, Jr., for the appellant.
269533—54 47
TUESDAY, MARCH 9, 195 4 162
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, March 10, will be as follows : Nos. 427,
431, 449, 307, 450, 476, and 500.
x
WEDNESDAY, MARCH 10, 1954 163
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas. Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Frances C. Elge, of Helena, Mont., on motion of Mr. Solicitor Gen-
eral Simon E. Sobeloff; Earl E. James, of Oklahoma City, Okla., on
motion of Mr. Edmond A. Eclmondson, Jr.; Jay Oren Kramer, of
New York, N. Y., on motion of Mr. Robert L. Stern ; James P. Burns,
Jr., of Syracuse, N. Y.?on motion of Mr. Frederick Bernays Wiener
;
Wm. C. Wetherbee, of Los Angeles, Calif., on motion of Mr. Paul J.
Sedgwick; Roger L. Burum, of Berkeley, Calif., on motion of Mr.
Eugene Newcomb Curtis ; Robert Warren Katz, of Newton, Mass., and
Antonio de J. Cardozo. of Cambridge, Mass.. on motion of Mr. Herbert
E. Tucker, Jr.;Floyd J. Curtis, of Redwood City, Calif., on motion of
Mr. Dee W. Pincock; Chaim H. Zimbalist, of University City, Mo.,
on motion of Mr. Russell Hardy ; Paul DaAdd Heyman, of Kew Gar-
dens Hills, N. Y., on motion of Mr. Robert J. Ahern; Edward JamesWhalen, of Belleville, N. J., on motion of Mr. William Brecht Han-back; John Holbrook, of New York, N. Y., on motion of Mr. Carl E.
Williamson ; William Leopold Shea, of Washington, D. C, on motion
of Mr. H. Loy Anderson ; Samuel Sandor Markovitz, of McKeesport,
Pa., on motion of Mr. Sidney M. Goldstein ; and Daniel Hubbard Pol-
litt, of Washington, D. C, on motion of Mr. Joseph H. Rauh, Jr., were
admitted to practice.
No. 427. The Franklin National Bank of Franklin Square, appel-
lant, v. The People of the State of New York. Argument continued
by Mr. Solicitor General Sobeloff for the United States amicus curiae
by special leave of Court, by Mr. Daniel M. Cohen for the appellee,
and concluded by Mr. Samuel O. Clark, Jr., for the appellant.
No. 431. Bruce G. Barber, District Director, Immigration and Nat-
uralization Service, San Francisco, California, petitioner, v. PedroGonzales. Argued by Mr. Robert W. Ginnane for the petitioner andby Mrs. Blanch Freedman for the respondent.
No. 449. United States of America, petitioner, v. Mead Gilman, Jr.
Argument commenced by Mr. Paul A. Sweeney for the petitioner andcontinued by Mr. William C. Wetherbee for the respondent.
269533—54—48
WEDNESDAY, MARCH 10, 1954 164
Adjourned until tomorrow at 12 o'clock.
The day call for Thursday, March 11, will be as follows : Nos. 449,
307, 450, 476, and 500.
x
THURSDAY, MARCH 11, 1954
SUPREME COURT OE THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Stuyvesant Wainwright II, of Wainscott, N. Y., Henry Jepson
Latham, of Queens Village, N. Y., and Steven B. Derounian, of
Roslyn, N. Y., on motion of Mr. Daniel A. Seed; Robert W. Johnson,
of LaCrosse, Kans., on motion of Mr. Andrew W. Schoeppel ; William
J. Kenealy, of Boston, Mass., on motion of Mr. William J. Hughes,
Jr.; Charles D. T. Lennhoff, of Hartford, Conn., on motion of Mr.
William R. Ward; Benjamin Offner, of Brooklyn, N. Y., on motion
of Mr. Eugene F. Mullin, Jr. ; Charles Myron Moulton, of Arlington,
Va., on motion of Mr. Francis Joseph Onman ; Iris Yvonne Bell, of
Miami, Fla., and Ann Wentworth Anderson, of Hampton, Va., on
motion of Mr. Julius Silverstein; Kendall A. Young, of Towson, Md.,
on motion of Mr. William E. Davis ; Kenneth H. Lundmark, of NewYork, N. Y., on motion of Mr. Thomas J. Herbert; and Samuel P.
King, of Honolulu, T. H., on motion of Mr. Chauncey P. Carter, Jr.,
were admitted to practice.
No. 449. United States of America, petitioner, v. Mead Gilman, Jr.
Argument continued by Mr. William C. Wetherbee for the respond-
, ent and concluded by Mr. Paul A. Sweeney for the petitioner.
No. 307. Harold Sacher, also known as "Harry" Sacher, an Attor-
!
ney, petitioner, v. Association of the Bar of the City of New York and
New York County Lawyers' Association. Argued by Mr. Telford
Taylor for the petitioner and by Mr. Eli Whitney Debevoise for the
respondent.
No. 450. Arthur P. Allen, Chairman, Twelfth Region Wage Sta-
bilization Board, et al., appellants, v. Grand Central Aircraft Co., a
California Corporation. Argument commenced by Mr. Robert L.
Stern for the appellants and continued by Mr. Richard W. Lund for
the appellee.
Adjourned until tomorrow at 12 o'clock.
The day call for Friday, March 12, will be as follows: Nos. 450,
476, and 500.
x
269533—54 49
FRIDAY, MARCH 12, 1954 166
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Emmer Martin Lancaster, of Akron, Ohio, on motion of Mr. Frazier
Ream; John Charles Mason, of Lincoln, Nebr., on motion of Mr.
James Lee Rankin ; Howard J. Vorder Bruegge, of Memphis, Tenn.,
Frederick Boyd Ugast, of Washington, D. C, and James X. Kil-
bridge, of Chicago, 111., on motion of Mr. Joseph M. Howard ; Leslie
Burgess Downing, of Washington, D. C, on motion of Mr. J. AmbroseKiley; and Millard L. Midonick, of New York, N. Y., on motion of
Mr. Harold Leventhal, were admitted to practice.
No. 450. Arthur P. Allen, Chairman, Twelfth Region Wage Stabili-
zation Board, et al., appellants, v. Grand Central Aircraft Co., a Cali-
fornia Corporation. Argument continued by Mr. Richard W. Lundfor the appellee and concluded by Mr. Robert L. Stern for the
appellants.
No. 476. Braniff Airways, Incorporated, appellant, v. Nebraska
State Board of Equalization and Assessment et al. Argued by Mr.
William J. Hotz, Sr., for the appellant and by Mr. C. C. Sheldon for
the appellees.
No. 500. United States of America, appellant, v. Floyd Dixon.
Argued by Mr. Philip Elman for the appellant. No appearance for
the appellee.
Adjourned until Monday, March 15, next, at 12 o'clock.
X
269533^54 50
MONDAY, MARCH 15, 1954 167
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Mintom
Oliver John Butler, Jr., of Fayetteville, Ark., and Lester J.
Dencker, of Milwaukee, Wis., on motion of Mr. Solicitor General
Simon E. Sobeloff;Leopoldo N. Duran, of Corpus Christi, Tex., on
motion of Mr. Price Daniel; William H. Donham, of Little Kock,
Ark., on motion of Mr. Brooks Hays;Henry Lapum Pringle, of Lees-
burg, Fla., on motion of Mr. James R. Golden; W. J. Huffman, of
Miami Springs, Fla., on motion of Mr. W. C. Lantaff; William JohnSchloth, of Columbus, Ga., on motion of Mr. Martin K. Worthy;Lansdale G. Sasscer, of Upper Marlboro, Md., Henry Contee BowieClagett, Jr., of Upper Marlboro, Md., and Jerrold V. Powers, of
Upper Marlboro, Md., on motion of Mr. John F. Lillard; Ralph D.
Dinklage, of New York, N. Y., on motion of Mr. Wilbur Burgess;
Harold D. Shrader, of Holton, Kans., on motion of Mr. Edward T.
Johnson; Omer Poos, of Hillsboro, 111., on motion of Miss AnnaRosina Bullington; Henry C. Ikenberry, Jr., of Washington, D. C,on motion of Mr. I. Martin Leavitt ; Charles L. MacDonald, of NewYork, N. Y., on motion of Mr. E. Riggs McConnell ; Robert H. All-
phin, of Warsaw, Ky., on motion of Mr. Neville Miller ; Samuel VanDorsten Holch, of Daytona Beach, Fla., Ollie Lancaster, Jr., of Day-tona Beach, Fla., Homer C. Conkling, Jr., of Titusville, Fla., ThomasL. Henderson, of Titusville, Fla., Albert L. Lewis, of Orlando, Fla.,
and Gilbert Bentley, of Orlando, Fla., on motion of Mr. Albert M.Kuhfeld; Louis E. Charnley, Jr., of Yonkers, N. Y., on motion of
Mr. Cecil A. Beasley, Jr. ; Thomas Reese Lloyd, of Cambridge, Ohio,
on motion of Mr. Charles A. Webb;Philip I. Palmer, of Dallas, Tex.,
and John Plath Green, of Dallas, Tex., on motion of Mr. Lloyd
Fletcher, Jr. ; John Gibson Semmes, of Washington, D. C, on motion
of Mr. Harry H. Semmes ; and Thomas J. Shannon, of Pittsburgh,
Pa., on motion of Mr. Joseph R. Jackson, were admitted to practice.
No. 366. United States of America, ex rel. Joseph Accardi, peti-
tioner, v. Edward J. Shaughnessy, District Director of the Immigra-
tion and Naturalization Service, etc. On writ of certiorari to the
United States Court of Appeals for the Second Circuit. Judgmentof Court of Appeals reversed and case remanded to the United States
269533—54 51
MONDAY, MARCH 15, 1954 168
District Court for the Southern District of New York for proceed-
ings in conformity with the opinion of this Court. Opinion by Mr.
Justice Clark. Dissenting opinion by Mr. Justice Jackson in which
Mr. Justice Reed, Mr. Justice Burton, and Mr. Justice Minton join.
No. 28. Federal Power Commission, petitioner, v. Niagara MohawkPower Corporation. On writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit. Judgment of the
Court of Appeals affirmed. Opinion by Mr. Justice Burton. Dissent-
ing opinion by Mr. Justice Douglas in which Mr. Justice Black and Mr.
Justice Minton concur. Mr. Justice Reed withdrew from the consid-
eration and decision of this case. Mr. Justice Jackson took no part
in the consideration or decision of this case.
No. 389. Frank Walters and Edward Williams, Jr., appellants, v.
The City of St. Louis et al. Appeal from the Supreme Court of the
State of Missouri. Judgment affirmed with costs. Opinion by Mr.
Justice Jackson. Mr. Justice Douglas and Mr. Justice Black concur
in the result.
No.— Original. State of Alabama, complainant, v. State of Texas,
State of Louisiana, State of Florida, et al. ; andNo. — Original. State of Rhode Island and Providence Planta-
tions, complainant, v. State of Louisiana, State of Florida, State of
Texas, et al. Motions for leave to file bills of complaint denied. Opin-
ion per curiam announced by Mr. Justice Frankfurter. Concurring
opinion by Mr. Justice Reed. Dissenting opinion by Mr. Justice Black.
Dissenting opinion by Mr. Justice Douglas. The Chief Justice took
no part in the consideration or decision of these cases.
The Chief Justice announced the following order of the Court
:
No. 423. Lloyd M. Bentsen, Sr., et al., petitioners, v. Emery C.
Blackwell et al. On writ of certiorari to the United States Court of
Appeals for the Fifth Circuit. Per Curiam: The argument having
developed the undesirability of deciding the questions in this case on
the pleadings, the writ of certiorari is dismissed.
The Chief Justice said
:
"The other orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 601. Joe Towery, appellant, v. State of North Carolina. Ap-peal from the Supreme Court of North Carolina. Per Curiam: Theappeal is dismissed for the want of a substantial federal question.
MONDAY, MARCH 15, 1954 169
No. 9, Original. The State of Texas, plaintiff, v. The State of NewMexico et al. The report of the Special Master is received and ordered
filed. Exceptions, if any, to the report of the Special Master may be
filed by the parties within 60 days.
No. 534. James R. Ellis, as President of the Yonkers Committee
for Peace, an Unincorporated Association, petitioner v. William
Dixon et al., as Members of the Board of Education of the City of
Yonkers, etc. The petition for writ of certiorari to the Appellate Di-
vision of the Supreme Court of New York, Second Department, is
granted and the case is transferred to the summary docket.
No. 385, Misc. Camilo Weston Leyra, petitioner, v. Wilfred L.
Denno, Warden. The motion for leave to proceed in forma pauperis
is granted. The petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit is granted and the case is
transferred to the appellate docket.
No. 78. Binghamton Construction Co., Inc., petitioner, v. TheUnited States. Petition for writ of certiorari to the United States
Court of Claims denied.
No. 414. Austin F. McFee, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 503. Faustino Herrera, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
jfor the Ninth Circuit denied.
No. 517. Harry Edward Florentine, petitioner, v. H. R. Landon,
Ias District Director of Immigration and Naturalization at Los
! Angeles, California. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 520. Edwin M. Ricker and William O. McKay, Copartners
Doing Business under the Firm Name and Style of Edw. M. Richer
and Co., petitioners, v. The United States. Petition for writ of
certiorari to the United States Court of Claims denied.
No. 543. William C. Clay, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 555. Levi Wilson, petitioner, v. The People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
MONDAY, MARCH 15, 1954 170
No. 559. Ellsworth Johnson and Nat Pettigrew, petitioners, v.
United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied.
No. 561. Anthony Adamo, petitioner, v. Lloyd W. McCorkle, Act-
ing Principal Keeper of the New Jersey State Prison at Trenton.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 565. Walter Williams, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 572. Jennie Louise Davidson Meadows, petitioner, v. Western
Reserve Life Insurance Company. Petition for writ of certiorari to
the Supreme Court of Texas denied.
No. 576. United States of America, petitioner, v. Siegfried Ranulf
Taffs. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 472. United Railroad Operating Crafts, a Railroad Labor
Organization National in Scope, et al., petitioners, v. William Wyer,as Trustee of the Long Island Railroad Company, a Corporation, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Mr. Justice Reed and Mr. Justice
Jackson are of the opinion certiorari should be granted.
No. 513. United Railroad Operating Crafts, a Labor Organization,
et al., etc., petitioners, v. Northern Pacific Railway Company andBrotherhood of Railroad Trainmen. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
Mr. Justice Reed and Mr. Justice Jackson are of the opinion certiorari
should be granted.
No. 548. United Railroad Operating Crafts, a Railway Labor
Organization National in Scope, et al., petitioners, v. The Pennsyl-
vania Railroad Company, a Corporation, et al. Petition for writ of
certiorari to the United States Court of Appeals for the Seventh
Circuit denied. Mr. Justice Reed and Mr. Justice Jackson are of the
opinion certiorari should be granted.
No. 12. Patrick E. Irvine, petitioner, v. People of the State of
California; and
No. 198. Michigan-Wisconsin Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al.; andNo. 200. Panhandle Eastern Pipe Line Company, appellant, v.
Robert S. Calvert, Comptroller of Public Accounts, et al. Petitions
for rehearing denied.
MONDAY, MARCH 15, 1954 171
No. 17. Partmar Corporation and Fanchon and Marco, Inc., peti-
tioners, v. Paramount Pictures Theaters Corporation et al. Petition
for rehearing denied. Mr. Justice Jackson and Mr. Justice Clark took
no part in the consideration or decision of this application.
No. 501. J. A. White, George L. Sheldon, Nelson E. Taylor, and
Mrs. John Hancock, appellants, v. Perry W. Howard, Sr., et al. Peti-
tion for rehearing denied. The Chief Justice took no part in the con-
sideration or decision of this application.
No. 108, Misc. Fred Farro, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 210, Misc. Wilbur Johnson, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 272, Misc. John Valykeo, petitioner, v. State of West Virginia
et al. Petition for writ of certiorari to the Supreme Court of Appeals
of West Virginia denied.
No. 317, Misc. Commonwealth of Pennsylvania ex rel. EdwardHaines, petitioner, v. Cornelius J. Burke, Warden. Petition for writ
of certiorari to the Supreme Court of Pennsylvania, Eastern District,
denied.
No. 329, Misc. William A. Reed, petitioner, v. John R. Cranor,
Supt. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit and the United States District Court
for the Eastern District of Washington denied.
No. 379, Misc. Alton R. Woolford, petitioner, v. Warden, Mary-land House of Correction. Petition for writ of certiorari to the
Supreme Bench of Baltimore City, Maryland, denied.
No. 401, Misc. Guy E. Tripp, petitioner, v. State of New York.
Petition for writ of certiorari to the Court of Appeals of New Yorkdenied.
No. 403, Misc. Charles Edward Mauck Klinedinst, petitioner, v.
State of Texas. Petition for writ of certiorari to the Court of Crimi-
nal Appeals of Texas denied.
No. 417, Misc. Wilbur Willams, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 418, Misc. William Patskin, petitioner, v. Commonwealth of
Pennsylvania. Petition for writ of certiorari to the Supreme Courtof Pennsylvania, Eastern District, denied.
MONDAY, MARCH 15, 1954 172
No. 320, Misc. Marian Joan Haeussler, petitioner, v. People of the
State of California, Petition for writ of certiorari to the Supreme
Court of California denied. Mr. Justice Black and Mr. Justice
Douglas are of the opinion certiorari should be granted.
No. 390, Misc. Willie Ray Watson, petitioner, v. William ELBannan, Warden ; and
No. 407, Misc. Silvio DeVita, petitioner, v. Lloyd W. McCorkle,
Acting Warden of the State Prison of the State of New Jersey, et al.
Motions for leave to file petitions for writs of habeas corpus denied.
No. 444, Misc. Ex parte Leonard D. Long, petitioner. Motion for
leave to file petition for writ of prohibition denied.
Adjourned until Monday, April 5, next at 12 o'clock.
The day call for Monday, April 5, wiD be as follows: Nos. 188,
398, 280 (281 and 418), and 531.
x
MONDAY, APRIL 5, 1954 173
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Burton, Mr. Justice Clark, and Mr. Justice Minton.
Beale Dean, of Fort Worth, Tex., and Robert Swift Trotti, of
Austin, Tex., on motion of Mr. Price Daniel; Herman L. Midlo, of
New Orleans, La., on motion of Mr. Hale Boggs; Charles Donofrio,
Jr., of Phoenix, Ariz., on motion of Mr. John J. Rhodes; Louis G.
Hart, Jr., of Williston Park, N. Y., on motion of Mr. Steven B.
Derounian; John F. Kilkenny, of Pendleton, Oreg., on motion of
Mr. Guy Cordon; Don W. Woods, of Los Angeles, Calif., ThomasEdward Haven, of San Francisco, Calif., and Noble McCartney, of
Washington, D. C, on motion of Mr. Frederick Bernays Wiener;
Ralph H. Logan, of Louisville, Ky., on motion of Mr. Henry P.
Chandler; John Hampton Baumgartner, Jr., of Washington, D. C,on motion of Mr. Chester H. Gray
;Sydney R. Prince, Jr., of Derwood,
Md., and James M. Landis, of New York, N. Y., on motion of Mr.
Robert L. Stern; Charles Romick, of Dallas, Tex., on motion of Mr.
Elmore Whitehurst;Lloyd B. Fortner, of Atlanta, Ga., Arthur Otis
Gunter, Jr., of Atlanta, Ga., Thomas Hill Goodman, of Knoxville,
Tenn., William W. Davis, of Knoxville, Tenn., Earl Holman Marsh,
Sr., of Knoxville, Tenn., John A. Rowntree, of Knoxville, Tenn.,
Jack B. Dickson, of Carrollton, Ga., and Ottis B. Meredith, of LaFollette, Tenn., on motion of Mr. Reginald Carl Harmon; Louis H.Pollak, of New York, N. Y., and William J. Isaacson, of New York,
N. Y., on motion of Mr. Philip Elman ; Marshall A. Pipin, of Chicago,
111., on motion of Mr. Robert Ash; Oscar Gonzalez-Suarez, of NewYork, N. Y., on motion of Mr. Frank Torres; John R. Willett, of
Alexandria, Va., on motion of Mr. Ralph L. Payne; Florence Thacker
Bradley, of Nashville, Ind., on motion of Miss Laura Maria Berrien
;
Francis V. Lowden, Jr., of Richmond, Va., on motion of Mr. Archi-
bald G. Robertson; Robert M. Winokur, of Washington, D. C, on
motion of Mr. Leonard Raum; Adrian B. Fink, Jr., of Cleveland,
Ohio, Sidney J. Machtinger, of Falls Church, Va., on motion of Mr.
Solicitor General Simon E. Sobeloff; Paul W. Westerlund, of LongBeach, Calif., on motion of Mr. Richard F. Harless; James Wm.Moore, of New Haven, Conn., and Irving M. Strauch, of Memphis,Tenn., on motion of Mr. Harry H. Hill, Jr. ; Linwood G. Koger, Sr.,
of Baltimore, Md., Linwood G. Koger, Jr., of Baltimore, Md., and
269533—54 »52
MONDAY, APRIL 5, 1954 174
Emory R. Cole, of Baltimore, Md., on motion of Mr. William H.
Murphy; Ashby B. Allen, of Richmond, Va., and Wilbur Coleman
Allen, of Richmond, Va., on motion of Mr. George E. Allen; Richard
F. Ralph, Jr., of Valley Park, Mo., on motion of Mr. Carl E. William-
son; Willard P. Owens, of Washington, D. C, on motion of Mr. W. K.
Hopkins; George S. Prugh, of San Francisco, Calif., on motion of
Mr. Burton F. Ellis; Irving D. Gaines, of Milwaukee, Wis., on motion
of Mr. Russell Sherman Bernhard; Morris Goldschlager, of MountVernon, N. Y., on motion of Mr. Harvey A. Katz; James C. Davis,
of Cleveland, Ohio, on motion of Mr. William D. Denson ; Arthur D.
Liva, of New York, N. Y., on motion of Mr. Herbert J. Jacobi;
Florence Mayne Merrick, of Pasco, Wash., on motion of Mr. Ivan
Edward Merrick, Jr. ; Solomon Sachs, of Chicago, 111., on motion of
Miss Ruth Weyand; Reuben Wolk, of Rahway, N. J., on motion of
Mr. Gustave Miller ; Earle K. Moore, of New York, N. Y., on motion
of Mr. Charles M. Goetz ; William Barrett Taylor III, of Gainesville,
Fla., on motion of Mr. Robert E. Masters; Cornelius Means, of
Bethesda, Md., on motion of Mr. James Francis Reilly; William T.
Hannan, of Washington, D. C, on motion of Mr. Joseph F. Castiello;
Joseph W. Creagh, of Arlington, Va., on motion of Mr. Jonathan
Foster Hagen ; Edward H. Norton, of Chicago, 111., on motion of Mr.
Norton Jay Come; and Gerard H. Schreiber, of New Orleans, La., on
motion of Mr. Meredith M. Daubin, were admitted to practice.
No. 500. United States of America, appellant, v. Floyd Dixon.
Appeal from the United States District Court for the Northern Dis-
trict of Georgia. Judgment reversed and case remanded to the Dis-
trict Court for further proceedings in conformity with the opinion
of this Court. Opinion by Mr. Justice Clark. Dissenting opinion
by Mr. Justice Black in which Mr. Justice Douglas, Mr. Justice Jack-
son, and Mr. Justice Minton concur.
No. 427. The Franklin National Bank of Franklin Square, appel-
lant, v. The People of the State of New York. Appeal from the
Court of Appeals of the State of New York. Judgment reversed
with costs and case remanded to the Court of Appeals of New Yorkfor further proceedings not inconsistent with the opinion of this
Court. Opinion by Mr. Justice Jackson announced by Mr. Justice
Frankfurter. Dissenting opinion by Mr. Justice Reed.
No. 160. Miller Brothers Company, appellant, v. State of Mary-land. Appeal from the Court of Appeals of Maryland. Judgmentreversed with costs and case remanded to the Court of Appeals of
Maryland for further proceedings not inconsistent with the opinion
of this Court. Opinion by Mr. Justice Jackson announced by Mr.
MONDAY, APRIL 5, 1954 175
Justice Keed. Dissenting opinion by Mr. Justice Douglas in which
the Chief Justice, Mr. Justice Black, and Mr. Justice Clark concur.
No. 163. Railway Express Agency, Incorporated, appellant, v.
Commonwealth of Virginia. Appeal from the Supreme Court of
Appeals of the Commonwealth of Virginia. Judgment reversed with
costs and case remanded to the Supreme Court of Appeals of Virginia
for any further proceeding not inconsistent with the opinion of this
Court. Opinion by Mr. Justice Jackson announced by Mr. Justice
Reed. Dissenting opinion by Mr. Justice Clark in which the Chief
Justice, Mr. Justice Black, and Mr. Justice Douglas join.
No. 24. St. Joe Paper Co., Jessie Ball DuPont, Elbert Dent, et al.,
petitioners, v. The Atlantic Coast Line Railroad Co.
;
No. '33. S. A. Lynch, S. A. Lynch Corporation, et al., petitioners,
v. The Atlantic Coast Line Railroad Company
;
No. 36. J. Bryson Aird and Bank of the Manhattan Company,Successor Mortgage Trustees, petitioners, v. The Atlantic Coast Line
Railroad Company ; and
No. 37. W. G. Welbon, E. N. Claughton, and A. W. Corbett, pe-
titioners, v. The Atlantic Coast Line Railroad Company. On writs
of certiorari to the United States Court of Appeals for the Fifth
Circuit. Judgment of Court of Appeals reversed with costs and
case remanded to the United States District Court for the Southern
District of Florida for further proceedings in accordance with the
opinion of this Court. Opinion by Mr. Justice Frankfurter. Dis-
senting opinion by Mr. Justice Douglas in which Mr. Justice Burton
and Mr. Justice Minton concur. Mr. Justice Black and Mr. Justice
Clark took no part in the consideration or decision of these cases.
No. 352. Julia Thompson, petitioner, v. Richard P. Lawson, as
Deputy Commissioner of the United States Bureau of Employees
Compensation, etc., et al. On writ of certiorari to the United States
Court of Appeals for the Fifth Circuit. Judgment affirmed and case
remanded to the United States District Court for the Southern Dis-
trict of Florida. Opinion by Mr. Justice Frankfurter. Dissenting
opinion by Mr. Justice Black in which Mr. Justice Douglas and Mr.
Justice Minton concur.
No. 117. Federal Communications Commission, appellant, v. Amer-ican Broadcasting Company, Inc.
;
No. 118. Federal Communications Commission, appellant, v. Na-tional Broadcasting Company, Inc. ; and
No. 119. Federal Communications Commission, appellant, v. Co-
lumbia Broadcasting System, Inc. Appeal from the United States
District Court for the Southern District of New York. Judgmentsaffirmed. Opinion by Mr. Chief Justice Warren. Mr. Justice
Douglas took no part in the decision of these cases.
MONDAY, APRIL 5, 1954 176
No. 307. Harold Sacher, also known as "Harry" Sacher, an Attor-
ney, petitioner, v. Association of the Bar of the City of New York andNew York County Lawyers' Association. On writ of certiorari to the
United States Court of Appeals for the Second Circuit. Judgmentof Court of Appeals reversed with costs and case remanded to the
United States District Court for the Southern District of New Yorkfor further consideration and appropriate action not inconsistent with
the opinion of this Court. Opinion per curiam announced by Mr.Chief Justice Warren. Mr. Justice Burton would affirm the judg-
ment of the Court of Appeals. Dissenting opinion by Mr. Justice
Reed. Mr. Justice Clark took no part in the consideration or decision
of this case.
No. 287. Alaska Steamship Company, Inc., petitioner, v. John O.
Petterson. On writ of certiorari to the United States Court of Ap-peals for the Ninth Circuit. Judgment affirmed and case remandedto the United States District Court for the Western District of
Washington. Opinion per curiam announced by Mr. Chief Justice
Warren. Dissenting opinion by Mr. Justice Burton in which Mr.
Justice Frankfurter, and Mr. Justice Jackson join.
No. 401. Herbert Brownell, Jr., Attorney General of the United
States, as Successor to the Alien Property Custodian, petitioner, v.
Eugene T. Singer ; and
No. 402. The Superintendent of Banks of the State of New York,
etc., petitioner, v. Eugene T. Singer. On writs of certiorari to the
Court of Appeals of the State of New York. Judgment reversed,
petitioner in No. 402 to recover his costs in this Court, and cases re-
manded to the Court of Appeals of New York for proceedings not
inconsistent with the opinion of this Court. Opinion per curiam
announced by Mr. Justice Black. Dissenting opinion by Mr. Justice
Jackson in which Mr. Justice Frankfurter, and Mr. Justice Douglas
join. The Chief Justice did not participate in the consideration or
decision of this case.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 280. Phillips Petroleum Company, petitioner, v. State of
Wisconsin, et al.
;
No. 281. State of Texas et al., petitioners, v. State of Wisconsin
et al. ; and
No. 418. Federal Power Commission, petitioner, v. State of Wis-
consin, Public Service Commission of Wisconsin, et al. The motions
for leave to file briefs of B. J. Essex and O. C. Harper, and of Inde-
pendent Petroleum Association et al. as amici curiae are denied.
MONDAY?APRIL 5, 1954 177
No. 566. Robert A. McAllister, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit granted.
No. 587. Meacham Corporation and National Tanker Corporation,
petitioners, v. United States of America. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Fourth Circuit
granted.
No. 589. Dorsey K. Offutt, an Attorney, petitioner, v. United
States of America. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit granted.
No. 574. Commissioner of Internal Revenue, petitioner, v. Estate
of Louis Sternberger, the Chase National Bank of the City of NewYork, Executor. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit granted and case transferred
to the summary docket.
No. 161, Misc. William C. Chandler, petitioner, v. Warden Fretag.
Motion for leave to proceed in forma pauperis granted. Petition for
writ of certiorari to the Supreme Court of Tennessee granted and case
transferred to the appellate docket and placed on the summary docket.
No. 495. D. C. Gillaspie, Individually and as Next Friend of
James D. Gillaspie, a Minor, petitioner, v. Department of Public
Safety of the State of Texas. Petition for writ of certiorari to the
Supreme Court of Texas denied.
No. 527. Theo Mosely, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 554. William V. Stepp, Sr., Administrator of the Estate of
William V. Stepp, Jr., Deceased, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Fourth Circuit denied.
No. 562. Anne Halbach Bumsted and Mary Elizabeth Kemmerer,Successors in Interest to Elizabeth S. Halbach, et al., etc., petitioners,
v. James E. Markham, as Alien Property Custodian. Petition for
writ of certiorari to the United States Court of Appeals for the
Third Circuit denied.
No. 563. Irma Hogan, petitioner, v. Lee J. Ricketts, Executor of
the Estate of Elizabeth Henschen, Deceased. Petition for writ of
certiorari to the United States Court of Appeals for the Sixth Cir-
cuit denied.
No. 564. Isaac M. Eller and Jack V. Ellor, petitioners, v. United
States of America. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit denied.
269533—54—53
MONDAY, APRIL 5, 1954 178
No. 568. United States of America, petitioner, v. Sandy Praylou,
in His Own Right, and Marion Moise, as Guardian ad litem for Sarah
Louise Praylou, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 570. C. Clarence Kaskel, a Taxpayer of the City of New York,
petitioner, v. Vincent R. Impellitteri, as Mayor of the City of NewYork, et al. Petition for writ of certiorari to the Court of Appeals
of New York denied.
No. 573. Edward Valves, Inc., petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 575. United Biscuit Company of America, Union Biscuit
Division, a Corporation, petitioner, v. National Labor Relations
Board. Petition for writ of certiorari to the United States Court
of Appeals for the Eighth Circuit denied.
No. 578. Duffy Theatres, Inc., a Corporation, petitioner, v. Griffith
Consolidated Theatres, Inc., a Corporation. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Tenth Circuit
denied.
No. 579. Kendall A. Young and Elisabeth R. Young, petitioners,
v. Commissioner of Internal Revenue. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 580. Chicago, Milwaukee, St. Paul and Pacific Railroad Com-pany, a Corporation, petitioner, v. William J. Woodrow. Petition
for writ of certiorari to the Supreme Court of Minnesota denied.
No. 582. Industrial Cotton Mills (Division of J. P. Stevens & Co.,
Inc.), petitioner, v. National Labor Relations Board. Petition for
writ of certiorari to the United States Court of Appeals for the Fourth
Circuit denied.
No. 585. Q-Tips, Inc., petitioner, v. Johnson and Johnson. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 586. William Skally and William Russo, petitioners, v. United
States of America. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied.
No. 588. D. O. Norton and Son and United States Fidelity andGuaranty Company, a Corporation, petitioners, v. Industrial Acci-
dent Commission of the State of California and William R. Biter.
Petition for writ of certiorari to the Supreme Court of California de-
nied.
No. 590. Clarence H. Hickok, Ruth Hickok Marvin, et al., peti-
tioners, v. Toledo Society for Crippled Children, Toledo, Ohio, et
MONDAY, APRIL 5, 1954 179
al. Petition for writ of certiorari to the Supreme Court of Texas
denied.
No. 594. Humble Oil and Kenning Company, petitioner, v. John
Ben Shepperd, Attorney General of Texas. Petition for writ of
certiorari to the Court of Civil Appeals of Texas, Ninth SupremeJudicial District, denied.
No. 600. John L. Dorris, M. D., County Chairman of the Demo-cratic Party of Luzerne County, petitioner, v. Robert Lloyd et al.,
County Commissioners of Luzerne County, etc. Petition for writ of
certiorari to the Supreme Court of Pennsylvania, Eastern District,
denied.
No. 514. State of Washington Department of Game et al., peti-
tioners, v. Federal Power Commission and City of Tacoma. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied. Mr. Justice Douglas is of the opinion certiorari
should be granted.
No. 552. State of Idaho, petitioner, v. David Arthur. Petition for
writ of certiorari to the Supreme Court of Idaho denied. Mr. Justice
Reed and Mr. Justice Jackson are of the opinion certiorari should
be granted.
No. 553. lone L. Dresden Swan, petitioner, v. Board of Education
of the City of Los Angeles. Motion to dispense with printing the
record granted. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 560. Ernest Michael Schino, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied. The Chief Justice took no part
in the consideration or decision of this application.
No. 473. Harry J. Alker, Jr., and Mamie DuBan, Individually and
as Executrix of the Estate of Alfred A. DuBan, Deceased, petitioners,
v. Butcher and Sherrerd and Fidelity-Philadelphia Trust Company,Trustee. Second petition for rehearing denied.
No. 65. The United States, petitioner, v. Binghamton Construc-
tion Co., Inc.
;
No. 519. Jeoffroy Mfg. Inc., Roy Jeoffroy, and Ray L. Jeoffroy,
petitioners, v. William T. Graham and Graham-Hoeme Plow Co., Inc.
;
No. 525. Nonles Parnacher, Devet Parnacher, Nannie Parnacher,
now Johnson and Salina Scott, petitioners, v. Houston B. Mount;No. 546. Clayton M. Jones and Aimee Jones, his wife, petitioners,
v. United States of America
;
No. 225, Misc. Carlo L. Anselmi, petitioner, v. Attorney General
of the United States et al.
;
MONDAY, APRIL 5, 1954 180
No. 332, Misc. Armando Negron and Joseph Cruz, petitioners, v.
State of New York
;
No. 346, Misc. Ex parte Emil Lustig, petitioner ; and
No. 352, Misc. Francis Haines, petitioner, v. People of the State
of Illinois. Petitions for rehearing denied.
No. 211, Misc. Elizabeth and Bruce Reed, petitioners, v. W. C.
Blevins et al. Petition for certiorari to the Supreme Court of Arkan-
sas denied.
No. 247, Misc. Charles Wesley Johnson, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
No. 336, Misc. Gordon W. Schindler, petitioner, v. United States
of America. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 373, Misc. Joe Doyle Banning, petitioner, v. C. H. Looney,
Warden, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 382, Misc. Thomas Graziano, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 386, Misc. Roy Stevens, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 389, Misc. Russell Muskus, petitioner, v. The State of Ohio.
Petition for writ of certiorari to the Supreme Court of Ohio denied.
No. 391, Misc. Shirley Collins, petitioner, v. People of the State
of Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 397, Misc. Theodore W. Thomas, petitioner, v. People of the
State of California et al. Petition for writ of certiorari to the
Supreme Court of California denied.
No. 408, Misc. George Edward Grammer, petitioner, v. State of
Maryland. Petition for writ of certiorari to the Court of Appeals of
Maryland denied.
No. 413, Misc. Mary Palanuk, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 419, Misc. Bernard Tabor, petitioner, v. William H. Hiatt,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
MONDAY, APRIL 5, 1954 181
No. 422, Misc. Willard Grady Barringer, petitioner, v. John R.
Cranor, Supt. Petition for writ of certiorari to the Supreme Court of
Washington denied.
No. 426, Misc. Russell Merriman, petitioner, v. State of Arizona.
Petition for writ of certiorari to the Supreme Court of Arizona denied.
No. 430, Misc. Louis E. Wade, petitioner, v. State of Connecticut.
Petition for writ of certiorari to the Supreme Court of Errors of
Connecticut denied.
No. 434, Misc. Robert John Sheehan, petitioner, v. John R. Cranor,
Superintendent. Petition for writ of certiorari to the Supreme Court
of Washington denied.
No. 439, Misc. Ralph Verlin Leedy, petitioner, v. State of Indiana.
Petition for writ of certiorari to the Supreme Court of Indiana
denied.
No. 445, Misc. Charles Edwin Beck, petitioner, v. John R. Cranor,
Superintendent of the Washington State Penitentiary. Petition for
writ of certiorari to the Supreme Court of Washington denied.
No. 450, Misc. Robert Holland, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 451, Misc. Joseph Owens, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 453, Misc. Harold Beard and Roy Beard, petitioners, v. Joseph
E. Ragen, Warden. Petition for writ of certiorari to the Circuit
Court of Lake County, Illinois, denied.
No. 457, Misc. Jack Motley, petitioner, v. State of North Carolina.
Petition for writ of certiorari to the Superior Court of RockinghamCounty, North Carolina, denied.
No. 458, Misc. Wilbur L. Newton, petitioner, v. John R. Cranor,
Supt. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
Mr. Justice Jackson took no part in the consideration or decision
of the cases in which orders are this day announced except as noted
in case No. 552.
It is ordered that the Commission of the Chief Justice be recorded
and that his oaths be filed.
The commission of Mr. Chief Justice Warren is in the words and
figures following, viz
:
MONDAY, APRIL 5, 1954 182
"DWIGHT D. EISENHOWER
"President of the United States of America
"To All Who Shall See These Presents, Greeting:
"Know Ye : That reposing special trust and confidence in the wis-
dom, uprightness, and learning of Earl Warren of California, I have
nominated, and, by and with the advice and consent of the Senate, do
appoint him Chief Justice of the United States, and do authorize and
empower him to execute and fulfil the duties of that office according
to the Constitution and laws of the said United States, and to have
and to hold the said office, with all the powers, privileges, and emolu-
ments to the same of right appertaining, unto him the said Earl
Warren, during his good behavior.
"In testimony whereof, I have caused these letters to be madepatent and the seal of the Department of Justice to be hereunto
affixed.
"Done at the city of Washington this second day of March, in the
year of our Lord one thousand nine hundred and fifty-four, and of
the Independence of the United States of America the one hundred
and seventy-eighth.
"Dwight D. Eisenhower.
"By the President
:
"Herbert Brownell, Jr.,
"Attorney General."
The Court will take a recess from Monday, April 12, until Monday,
April 26, next.
No. 188. United Construction Workers, Affiliated with United
Mine Workers of America, et al., petitioners, v. Laburnum Construc-
tion Corporation. Argued by Mr. M. E. Boiarsky for the petitioners
and by Mr. Archibald G. Robertson and Mr. George E. Allen for the
respondent.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, April 6, will be as follows: Nos. 398,
280 (281 and 418), and 531.
TUESDAY, APRIL 6, 1954 183
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Bur-
ton, Mr. Justice Clark, and Mr. Justice Minton.
William J. Cashill, of Reno, Nev., on motion of Mr. Patrick A.
McCarran; Allen E. Gramza, of Racine, Wis., on motion of Mr.
Lawrence H. Smith; Kathleen Ann McDonnell, of Hawley, Pa., and
Robert Campbell Wise, of Williamsport, Pa., on motion of Mr. Elmore
Whitehurst; George David Le Brint, of Chicago, 111., on motion of
Mr. Edgar A. Jonas; Donald El Roy Powers, of Chandler, Okla., on
motion of Mr. Mac Q. Williamson ; Jack Edward Kennedy, of Denver,
Colo., on motion of Mrs. Madaline Kinter Remmlein ; Grover C. Rich-
man, Jr., of Trenton, N. J., on motion of Mr. Leonard J. Emmerglick
;
Edgar Irving Shott, Jr., of Cincinnati, Ohio, on motion of Mr. Melvin
Edward Schaengold;Gayle Howard Nichols, of Grants Pass, Oreg.,
on motion of Mr. Arthur Mills Scheid; Robert Newton Ziegler, of
Cincinnati, Ohio, on motion of Mr. John H. CofTman ; Harold EdwardWhite, of Los Angeles, Calif., on motion of Mr. Edward E. O'Neill
;
George A. Graham, of Santa Fe, N. Mex., on motion of Mr. Peter
N. Chumbris; Jewel Stradford Rogers, of Chicago, 111., and JohnW. Rogers, of Chicago, 111., on motion of Mr. Barrington D. Parker
;
Earl E. Strayhorn, of Chicago, 111., on motion of Mr. Frank D. Reeves
;
Davis Goodwin Maraspin, of Barnstable, Mass., on motion of Mr.
Maurice H. Thatcher; James Joseph Bierbower, of Washington,
D. C, on motion of Mr. John C. Miller, Jr.; Jay W. Glassmann, of
Ogden, Utah, and Joseph E. McAndrews, of Falls Church, Va., on
motion of Mr. Richard B. Barker; George H. T. Dudley, of Saint
Thomas, V. I., on motion of Mr. Abe Fortas; Robert P. Eckert, Jr.,
of Freeport, 111., and Robert J. Schmelzle, of Freeport, 111., on motion
of Mr. Frank T. Bow ; Robert E. Johnson, of Staten Island, N. Y., andRalph M. Kelton, of Baton Rouge, La., on motion of Mr. Nicholas
E. Allen ; Samuel Francis Allison, of Norfolk, Va., on motion of Mr.
Richard B. McEntire ; and John F. Bell, of Missoula, Mont., on motion
of Mr. Fred B. Hammond, Jr., were admitted to practice.
No. 398. Capital Service, Inc., a California Corporation, etc., et al.,
petitioners, v. National Labor Relations Board. Argued by Mr. Carl
269533— 54 54
TUESDAY, APRIL 6, 1954 184
M. Gould for the petitioners and by Mr. Philip Elman for the re-
spondent.
No. 280. Phillips Petroleum Company, petitioner, v. State of Wis-
consin et al.
;
No. 281. State of Texas et al., petitioners, v. State of Wisconsin
et al. ; andNo. 418. Federal Power Commission, petitioner, v. State of Wis-
consin, Public Service Commission of Wisconsin, et al. Argumentcommenced by Mr. Solicitor General Sobeloff for the Federal PowerCommission, continued by Mr. Hugh B. Cox for the Phillips Petro-
leum Company, by Mr. Dan Moody for the State of Texas et al., and
by Mr. Stewart G. Honeck and Mr. William E. Torkelson for the
respondents.
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, April 7, will be as follows: 280 (281
and 418) and 531.
CORRECTED COPY
WEDNESDAY, APRIL 7, 1954 185
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Jus-
tice Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Burton, Mr. Justice Clark, and Mr. Justice Minton.
John Forrest Floberg, of Chicago, 111., on motion of Mr. H. Struve
Hensel; Eldridge Jones Butler, of Forrest City, Ark., on motion of
Mr. E. C. Gathings; Sydney Gordon Glaysher, of Chicago, 111., on
motion of Mr. Chauncey P. Carter, Jr.; and Fred J. Milligan, of
Columbus, Ohio, on motion of Mr. Thomas J. Herbert, were admitted
to practice.
No. 280. Phillips Petroleum Company, petitioner, v. State of Wis-
consin et al.
;
No. 281. State of Texas et al., petitioners, v. State of Wisconsin
et al. ; and
No. 418. Federal Power Commission, petitioner, v. State of Wis-
consin, Public Service Commission of Wisconsin, et al. Argumentcontinued by Mr. William E. Torkelson, Mr. Charles S. Rhyne, Mr.
James H. Lee, and Mr. Harry G. Slater for the respondents and con-
cluded by Mr. Hugh B. Cox for Phillips Petroleum Company.
No. 531. Sonia Herrup Alton, petitioner, v. David Elie Alton,
Argued by Mr. Abe Fortas and Mr, George H. T. Dudley for the peti-
tioner and submitted by Mr. Hyman Smollar for the respondent.
Adjourned until Monday, April 12, next, at 12 o'clock.
X
269533—54 55
MONDAY, APRIL 12, 1954 186
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Keed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Bur-ton, Mr. Justice Clark, and Mr. Justice Minton.
Theodore Rabinowitz, of Jersey City, N. J., on motion of Mr. Solici-
tor General Simon E. Sobeloff; Tom Brantley Mobley, of Kennett,
Mo., on motion of Mr. Thos. C. Hennings, Jr. ; William K. Woodburn,of Reno, Nev., on motion of Mr. Patrick A. McCarran; Clarence
Worth Rowley, Jr., of Fairfax, Va., on motion of Mr. Stanley N.
Barnes; Jas. L. Moore, of Atlanta, Ga., on motion of Mr. Jas. C.
Davis; H. M. Ted McCastlain, of Brinkley, Ark., on motion of Mr.
John L. McClellan; Charles W. Haas, of Lincoln, Nebr., on motion of
Mr. Carl T. Curtis; Donald G. Adams, of Riverside, Calif., on mo-
tion of Mr. James B. Utt ; Richard J. Hogan, of San Francisco, Calif.,
on motion of Mr. J. Frank Staley ; Daniel P. Ward, of Chicago, 111.,
on motion of Mr. Robert C. Eardley ; Gates W. Clancy, of Geneva, 111.,
on motion of Mr. George P. Lamb ; Roland Boyd, of McKinney, Tex.,
on motion of Mr. William Robert Poage ; Garner J. Waddel, of Web-ster, S. Dak., on motion of Mr. Jesse Drake Coon; Robert Parrish
Tomlinson, of Duffield, Va., and Anthony Thomas Dealy, of Newton,
Kans., on motion of Mr. Frederick Bernays Wiener ; Willard C. Mills,
of Washington, D. C, on motion of Mr. Martin Atlas; Harold Ray-
mond Cotton, of Miami, Fla., on motion of Mr. Charles A. Webb;Victor Hilton Fall, of Helena, Mont., on motion of Mr. Charles A.
Horsky; Frank C. Niswander, of Washington, D. C, and James P.
Jones, of Washington, D. C, on motion of Mr. K. Martin Worthy;Dickinson Thatcher, of Los Angeles, Calif., on motion of Mr. JosephM. Howard; John S. Finn, of New York, N. Y., on motion of Mr.
John T. Casey; Samuel B. Loizzo, of Kenosha, Wis., on motion of
Mr. William M. Burkhalter; Edmund S. Johnson, of Jersey City,
N. J., and Fredrick J. Waltzinger, of Newark, N. J., on motion of
Mr. Leonard J. Emmerglick ; Abe F. Levy, of Los Angeles, Calif., on
motion of Mr. Phineas Indritz; W. Fred Turner, of Panama City,
Fla., on motion of Mr. John J. O'Keefe; Howard Thornton Savage,
jof Chicago, 111., and Chas. B. Evins, of Chicago, 111., on motion of
Mr. James A. Cobb ; Robt. A. Roessel, of Saint Louis, Mo., on motion
of Mr. Plato Ernest Papps;Stephen M. Reynolds, of Silver Spring,
Md., on motion of Mr. Owsley Vose; Philip M. Hak, of Pawtucket,
R. I., on motion of Mr. Clarence D. Todd, Jr. ; Robert H. Doherty, of
269533—54—56
MONDAY, APRIL 12, 1954 187
Jersey City, N. J., on motion of Mr. James C. Toomey ; Maurice L.
Dannin, of Newport, K. I., on motion of Mr. Robert T. Murphy ; and
John B. Smullin, of Baton Rouge, La., on motion of Mr. George
Bailey Walsh, were admitted to practice.
No. 11. Maryland Casualty Company et al., petitioners, v. Gertrude
Picard Cushing et al. On writ of certiorari to the United States
Court of Appeals for the Fifth Circuit. Judgment of Court of Ap-peals vacated and case remanded to the United States District Court
for the Eastern District of Louisiana with instructions to continue
this case until after the completion of the limitation proceeding filed
in admiralty by the owner and charterer of the "Jane Smith." Mr.
Justice Frankfurter announced the judgment of the Court and an
opinion in which Mr. Justice Reed, Mr. Justice Jackson, and Mr.
Justice Burton join. Concurring opinion by Mr. Justice Clark.
Dissenting opinion by Mr. Justice Black in which the Chief Justice,
Mr. Justice Douglas and Mr. Justice Minton concur.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 557. John J. Linehan, as President of Local 1346 of the Inter-
national Longshoremen's Association, et al., appellants, v. Water-
front Commission of New York Harbor et al. ; and
No. 558. Staten Island Loaders, Inc., et al., appellants, v. Water-
front Commission of New York Harbor et al. Appeals from the
United States District Court for the Southern District of New York.
Per Curiam: The motions to affirm are granted and the judgments
are affirmed. Dissenting opinion filed by Mr. Justice Douglas in
which Mr. Justice Black joins.
No. 606. Interstate Motor Freight System, Inc., appellant, v. Otto
F. Messner, Secretary of the Department of Revenue of the Common-wealth of Pennsylvania, et al. ; and
No. 615. Shirks Motor Express Corporation, appellant, v. Otto F.
Messner, Secretary of the Department of Revenue of the Common-wealth of Pennsylvania, et al. Appeals from the Supreme Court of
Pennsylvania, Middle District. Per Curiam: The motions to dismiss
are granted and the appeals are dismissed for the want of a sub-
stantial federal question.
No. 5, Original. October Term, 1950. The State of New Jersey,
complainant, v. The State of New York and the City of New York.The motion of the State of Delaware for leave to intervene and to
MONDAY, APRIL 12, 1954 188
file an answer to the amended petition of the City of New York for
modification of the decree is granted and the answer is referred to
the Special Master.
No. 471. Famous Rogers, petitioner, v. United States Lines. Themotion of respondent for leave to file an additional brief is granted.
No. 591. Evelyn Bice, petitioner, v. Sioux City Memorial ParkCemetery, Incorporated, a Corporation, et al. Petition for writ of
certiorari to the Supreme Court of Iowa granted.
No. 626. Baltimore Contractors, Inc., petitioners, v. Jacob H.Bodinger. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit granted.
No. 537. Mary Young Moore, petitioner, v. Commissioner of Inter-
nal Revenue; and
No. 596. Commissioner of Internal Revenue, petitioner, v. MaryYoung Moore. Petitions for writs of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 584. Theodore K. Nitterhouse, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 597. Guy Farmer, Chairman of the National Labor Relations
Board, et al., petitioners, v. United Electrical, Radio and MachineWorkers of America (UE), et al. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 598. Guy Farmer, Chairman of the National Labor Relations
Board, et al., petitioners, v. International Fur and Leather WorkersUnion of United States and Canada. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 603. The Baltimore and Ohio Railroad Company, petitioner,
v. Signa Johnson, Administratrix of the Estate of George Johnson,
Deceased. Petition for writ of certiorari to the United States Court
of Appeals for the Third Circuit denied.
No. 604. Alexis L duPont Bayard et al., petitioners, v. Joseph H.
Martin. Petition for writ of certiorari to the Supreme Court of
Delaware denied.
No. 605. George Washington Pierce, petitioner, v. American Com-munications Company, Inc. Petition for writ of certiorari to the
United States Court of Appeals for the First Circuit denied.
MONDAY, APRIL 12, 1954 189
No. 607. Paul A. Pigott, Eugene E. Murphy, William F. Menard,
et al., petitioners, v. Detroit, Toledo and Ironton Railroad Company,
a Corporation, and Brotherhood of Railroad Trainmen. Petition for
writ of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 610. John Leidman, petitioner, v. Sidney H. Bingham, Chair-
man, et al. Petition for writ of certiorari to the Court of Appeals of
New York denied.
No. 627. William B. Collins, Individually and as Trustee for Jere-miah F. Collins et al., petitioners, v. Ann O'Brien et al. Petition for
writ of certiorari to the United States Court of Appeals for the Dis-
trict of Columbia Circuit denied.
No. 228. Emanuel L. Mazer and William Endicter, Doing Business
as June Lamp Manufacturing Company, petitioners, v. Benjamin
Stein and Rena Stein, Doing Business as Reglor of California; and
No. 351, Misc. Nancy Cross, petitioner, v. Supreme Court of Cali-
fornia. Petitions for rehearing denied.
No. 251, Misc. Wilbert M. Sheridan, petitioner, v. O. B. Ellis, Gen-
eral Manager, etc. Petition for writ of certiorari to the Court of
Criminal Appeals of Texas denied.
No. 330, Misc. Alex Calarco, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 355, Misc. M. Edward Herman, Alexander W. Herman, andLouis W. Herman, petitioners, v. Helen Herman, Committee of the
Person and Property of M. Edward Herman, et al. Petition for writ
of certiorari to the Court of Appeals of New York denied.
No. 356, Misc. Joseph James Fontano, petitioner, v. State of NewJersey. Petition for writ of certiorari to the Supreme Court of NewJersey denied.
No. 357, Misc. George H. Gibson, petitioner, v. Percy A. Lainson,
Warden. Petition for writ of certiorari to the Supreme Court of
Iowa denied.
No. 394, Misc. Carlos E. Chandler, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 399, Misc. Robert L. Bradford, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the Second Circuit denied.
MONDAY, APRIL 12, 1954 190
No. 405, Misc. Frank Ezeppa, petitioner, v. People of the State of
Michigan et al. Petition for writ of certiorari to the Supreme Court
of Michigan denied.
No. 406, Misc. Charles Greene, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 409, Misc. Gilmore J. Horton, petitioner, v. Orel J. Skeen,
Warden, West Virginia Penitentiary. Petition for writ of certiorari
to the Supreme Court of Appeals of West Virginia denied.
No. 411, Misc. John Collins, petitioner, v. Supreme Court of the
State of California. Petition for writ of certiorari to the Supreme
Court of California denied.
No. 416, Misc. James M. Kaumeyer, petitioner, v. Dr. I. W. Steele,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Eighth Circuit denied.
No. 420, Misc. Francis Furlong, petitioner, v, State of New Jersey.Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 421, Misc. William Broadbent, petitioner, v. Marjorie Broad-
bent. Petition for writ of certiorari to the Appellate Court of Illi-
nois, First District, denied.
No. 423, Misc. Hilton McGee, petitioner, v. People of the State of
New York. Petition for writ of certiorari to the Court of Appeals of
New York denied.
No. 424, Misc. Nathaniel Germany, petitioner, v. R. H. Hudspeth,
Warden, State Penitentiary, Lansing, Kansas. Petition for writ of
certiorari to the United States Court of Appeals for the Tenth Circuit
denied.
No. 425, Misc. Otto Schuch, petitioner, v. Commonwealth of Penn-
sylvania et al. Petition for writ of certiorari to the Supreme Court
of Pennsylvania, Eastern District, denied.
No. 428, Misc. Benjamin Levitas, petitioner, v. Association of the
Bar of the City of New York. Petition for writ of certiorari to the
Court of Appeals of New York and the Appellate Division of the Su-
preme Court of New York, First Department, denied.
No. 429, Misc. Loren Young, petitioner, v. Ralph N. Eidson,
Warden. Petition for writ of certiorari to the Supreme Court of
Missouri denied.
No. 433, Misc. William Mack, petitioner, v. O. B. Ellis, GeneralManager. Petition for writ of certiorari to the Court of CriminalAppeals of Texas denied.
269533^—54 57
MONDAY, APRIL 12, 1954 191
No. 436, Misc. Dewey Becker, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of CookCounty, Illinois, denied.
No. 437, Misc. Walter Goldsmith, petitioner, v. State of Washing-ton. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 438, Misc. Edwin M. Walter, petitioner, v. Fred D. Baumanet al. Petition for writ of certiorari to the Supreme Court of Ohiodenied.
No. 440, Misc. Joe Doyle Banning, petitioner, v. State of Iowaet al. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 441, Misc. Erroll J. Shailer, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 443, Misc. David Mack, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 448, Misc. James Cole, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Circuit Court of
Macoupin County, Illinois, denied.
No. 449, Misc. Erskine Gates, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County>Illinois, denied.
No. 452, Misc. James Colemon, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 454, Misc. Dennis J. Pennenga, petitioner, v. People of the
State of New York. Petition for writ of certiorari to the Appellate
Division of the Supreme Court of New York, Third Judicial De-
partment, denied.
No. 455, Misc. Kenneth G. Roleson, petitioner, v. State of NewJersey. Petition for writ of certiorari to the Supreme Court of NewJersey denied.
No. 460, Misc. Albert Tumbiolo, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 461, Misc. Clifford Howard, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigan
denied.
No. 463, Misc. Joseph Lee Milam, petitioner, v. State of West Vir-
ginia. Petition for writ of certiorari to the Supreme Court of Ap-peals of West Virginia denied.
MONDAY, APRIL 12, 1954 192
No. 464, Misc. Edward J. Carroll, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 465, Misc. T. J. Farley, petitioner, v. Orel J. Skeen, Warden.Petititon for writ of certiorari to the Supreme Court of Appeals of
West Virginia denied.
No. 469, Misc. Leonard H. Lundberg, petitioner, v. Emery E.
Jacques, Warden. Petition for writ of certiorari to the SupremeCourt of Michigan denied.
No. 471, Misc. Edwin M. Browning, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Eighth Circuit denied.
No. 473, Misc. James M. Smith, petitioner, v. Leo A. Rover et al.
Petition for writ of certiorari to the United States District Court for
the District of Columbia denied.
No. 474, Misc. James L. Davis, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circiut denied.
No. 478, Misc. Fred Gaston, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 486, Misc. Thomas Smith, petitioner, v. William H. Bannan,
Warden. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 492, Misc. S. P. Beecher, petitioner, v. Leavenworth State
Bank et al. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 431, Misc. Robert Lee Breeding, petitioner, v. Edwin T. Swen-son, Warden. Petition for writ of certiorari to the Supreme Court of
Minnesota denied. Motion for leave to file petition for writ of habeas
corpus also denied.
No. 447, Misc. William Vanderwyde, petitioner, v. Wilfred L.
Denno, Warden, Sing Sing Prison, Ossining, New York. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Mr. Justice Black and Mr. Justice Douglasare of the opinion certiorari should be granted.
No. 380, Misc. Ex parte Arthur Allen, petitioner. Motion for
leave to file petition for writ of mandamus denied.
No. 398, Misc. Edward Smith, petitioner, v. J. Ellis Overlade,
Warden. Motion for leave to file petition for writ of certiorari denied.
MONDAY, APRIL 12, 1954 193
No. 404, Misc. Ex parte Bruce James Ritchey, petitioner ; and
No. 467, Misc. In the Matter of Frederic T. Marsh, petitioner.
Motions for leave to file petitions for writs of habeas corpus denied.
Mr. Justice Jackson took no part in the consideration or decision of
the cases in which orders are this day announced.
ORDER
The revision of the Rules of this Court has been this day lodged
with the Clerk, and it is ordered that the said Rules shall become
effective July 1, 1954, and be printed as an appendix to the United
States Reports.
It is further ordered that the Rules promulgated February 13, 1939,
appearing in volume 306 of the United States Reports, appendix, and
all amendments thereof be and they hereby are rescinded, but this
shall not affect any proper action taken under them before the Rules
hereby adopted become effective.
A general idea of the Bar's appraisal of the needs and possibilities
for changes in the form and content of the rules was obtained from
the following gentlemen
:
Warner W. Gardner, Esq., of the District of Columbia Bar;
Henry M. Hart, Esq., of Cambridge, Massachusetts, Professor of
Law at Harvard University
;
Charles A. Horsky, Esq., of the District of Columbia Bar
;
James Wm. Moore, Esq., of New Haven, Connecticut, Professor of
Law at Yale University
;
Robert L. Stern, Esq., of Washington, D. C, at the time Acting
Solicitor General
;
Herbert Wechsler, Esq., of New York City, Professor of Law at
Columbia University
;
Frederick Bernays Wiener, Esq., of the District of Columbia Bar;Harold B. Willey, Esq., Clerk of the Supreme Court of the United
States.
The Court expresses its high appreciation of the services of all the
gentlemen named. Their expert knowledge and painstaking collab-
oration have aided the Court in the formulation of rules designed to
promote the simplification of procedure in this Court.
Special mention must be made of the services of Mr. Wiener who, for
more than a year, as Reporter to the Committee of the Court on the
Revision of the Rules, devoted himself to the preparation of drafts
for the Committee.
MONDAY, APRIL 12, 1954 194
We acknowledge, also, our indebtedness to our Clerk, Mr. Willey,
for the experience and skill he contributed to the work of drafts-
manship.
The Court directs that this order be spread upon the Journal of
the Court.
I Mr. Justice Black.
The revised rules contain some changes made necessary by legisla-
tion, with which I am of course in accord. There are also a few other
changes which I think represent desirable improvements. But I
believe it would be far better to make these changes simply by amend-
ing the old rules rather than by adopting a whole new set. The old
rules and our interpretations of them are familiar to the bar, and,
according to my observation, work about as well as could be expected
of any rules. The principal function of procedural rules should be
to serve as useful guides to help, not hinder, persons who have a legal
right to bring their problems before the courts. But new rules with-
out settled meanings breed mistakes and controversies that frequently
make the way of litigants unnecessarily perilous. Volumes of newRules Decisions in recent years attest to this. Judicial statistics
would show, I fear, an unfortunately large number of meritorious
cases lost due to inadvertent failure of lawyers to conform to pro-
cedural prescriptions having little if any relevancy to substantial
justice. So much for my general objection to frequent, sweeping
rules revisions.
I particularly object to the present revision because a number of
the changes put unnecessarily burdensome conditions and restrictions
on rights of review and appeal Congress has provided. Our rules
should make appellate review easier, not harder.
Finally, I have never favored the almost insuperable obstacles our
rules put in the way of briefs sought to be filed by persons other than
the actual litigants. Most of the cases before this Court involve
matters that affect far more people than the immediate record parties.
I think the public interest and judicial administration would be better
served by relaxing rather than tightening the rule against amicus
curiae briefs.
ORDER
Ordered, That Kule 37 of the Federal Rules of Criminal Procedure
be, and it hereby is, amended to read as follows
:
"Rule 37. Taking Appeal ; and Petition for Writ of Certiorari
" (a) Taking Appeal to a Court of Appeals."
( 1 ) Notice of Appeal. An appeal permitted by law from a district
court to a court of appeals is taken by filing with the clerk of the dis-
MONDAY, APRIL 12, 1954 195
trict court a notice of appeal in duplicate. Petitions for allowance
of appeal, citations and assignments of error in cases governed by
these rules are abolished. The notice of appeal shall set forth the title
of the case, the name and address of the appellant and of appellant's
attorney, a general statement of the offense, a concise statement of the
judgment or order, giving its date and any sentence imposed, the place
of confinement if the defendant is in custody and a statement that the
appellant appeals from the judgment or order. The notice of appeal
shall be signed by the appellant or appellant's attorney, or by the clerk
if the notice is prepared by the clerk as provided in paragraph (2) of
this subdivision. The duplicate notice of appeal and a statement of
the docket entries shall be forwarded immediately by the clerk of the
district court to the clerk of the court of appeals. Notification of the
filing of the notice of appeal shall be given by the clerk by mailing
copies thereof to adverse parties, but his failure so to do does not
affect the validity of the appeal.
" (2) Time for Talcing Appeal. An appeal by a defendant may be
taken within 10 days after entry of the judgment or order appealed
from, but if a motion for a new trial or in arrest of judgment has been
made within the 10-day period an appeal from a judgment of con-
viction may be taken within 10 days after entry of the order denying
the motion. When a court after trial imposes sentence upon a de-
fendant not represented by counsel, the defendant shall be advised
of his right to appeal and if he so requests, the clerk shall prepare andfile forthwith a notice of appeal on behalf of the defendant. An ap-
(
peal by the government when authorized by statute may be taken
within 30 days after entry of the judgment or order appealed from.
" (b) Taking Appeal to the Supreme Court.
"An appeal to the Supreme Court when authorized by statute shall
be taken in the manner and within the time prescribed by its rules.
"(c) Petition for Eevtew on Writ or Certiorari.
"Petition to the Supreme Court for writ of certiorari shall be madein the manner and within the time prescribed by its rules."
That the foregoing amendment to the Federal Eules of Criminal
Procedure shall take effect on July 1, 1954.
Adjourned until Monday, April 26, next, at 12 o'clock.
The day call for Monday, April 26, will be as follows : Nos. 394,
464, 480 (and 481), and 635.
x
MONDAY, APRIL 2 6, 1954 196
SUPREME COUKT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Burton, Mr. Justice Clark, and Mr. Justice Minton.
Goodwin J. Knight, of Sacramento, Calif., A. Millard Taylor, of
Camden, N. J., William G. Bischoff, of Camden, N. J., and William
M. Musser, Jr., of Lancaster, Pa., on motion of Mr. Solicitor General
Simon E. Sobeloff ; Donald V. McCallum, of Baker, Oreg., and John
D. Williams, of Portland, Oreg., on motion of Mr. Wayne LynnMorse; Margaret Hills Fairleigh, of Atlanta, Ga., George W. West,
of Atlanta, Ga., and Herbert Johnson, of Atlanta, Ga., on motion of
Mr. Jas. C. Davis; Kathrine Robinson Everett, of Durham, N. C,Robinson O. Everett, of Durham, N. C, and R. O. Everett, of Dur-
ham, N. C, on motion of Mr. Clyde R. Hoey ; William C. Wilson, of
Wheat Ridge, Colo., on motion of Mr. D. Bailey Merrill ; Carl Seet,
of Indianapolis, Ind., on motion of Mr. Ben S. Fisher ; Garver Oxley,
of Findlay, Ohio, on motion of Mr. Jackson E. Betts; Richard L.
Williams, of Richmond, Va., and G. Kenneth Miller, of Richmond,
Va., on motion of Mr. J. Vaughan Gary; Albert James Ahern, Jr.,
of Washington, D. C, on motion of Mr. James J. Laughlin; EdwardM. Jayne, of Kirksville, Mo., and Nathaniel B. Reiger, of Kirks -
ville, Mo., on motion of Mr. Robert Burett Oliver III; Sidney M.Davis, of New York, N. Y., on motion of Mr. Benjamin V. Cohen;Bennett T. Waites, Jr., of Birmingham, Ala., and Carl L. Steiner, of
Chicago, 111., on motion of Mr. A. Yates Dowell; Payne Karr, of
Seattle, Wash., on motion of Mr. Darius F. Prince ; Mark P. Schlefer,
of Washington, D. C, on motion of Mr. Odell Kominers ; Mitchell G,Dredze, of Chicago, 111., on motion of Mr. Archie K. Cohen ; Isaac N.
Habif , of Atlanta, Ga., on motion of Mr. Samuel Levine ; Lucian L.
Morrison, of San Antonio, Tex., and John H. Dittmar, of San An-tonio, Tex., on motion of Mr. Paul J. Kilday ; Aaron Cohen, of Pitts-
burgh, Pa., on motion of Mr. Samuel Sandor Markovitz ; Gerald Ber-
tram Wesley, of Chicago, 111., and John C. Gekas, of Chicago, 111., onmotion of Mr. Edgar A. Jonas; Max Frank Deutz, of Los Angeles,
Calif., on motion of Mr. Howard H. Schmidt; Andrew H. Thalheim,
of Gretna, La., on motion of Mr. Hale Boggs; John R. Jones, of Mil-
waukee, Wis., on motion of Mr. Lawrence H. Smith ; Arthur I. Beilin,
of Reading, Pa., on motion of Mr. Robert L. Stern ; Frank E. Holtz-
man, of Detroit, Mich., on motion of Mr. Douglas G. Mode ; Werner
269533—54 58
MONDAY, APRIL 2 6, 1954 197
Windus, of Baltimore, Md., on motion of Mr. Wm. E. Furlong, Jr.;
Stephen W. Langmade, of Phoenix, Ariz., on motion of Mr. Maurice
E. Barnes; John Henry Cericola, of Easton, Pa., Arnold G. Hewett,
of Santa Ana, Calif., William L. Otten, Jr., of Easton, Pa., and Nor-
man Seidel, of Easton, Pa., on motion of Mr. John B. O'Brien; Carl
Vaughan Eimbeck, of Clayton, Mo., on motion of Mr. Horace B.
Eitchie, Jr.; William Ehett Withington, of Oklahoma City, Okla.,
and George H. Shirk, of Oklahoma City, Okla., on motion of Mr.
Edward Schoen, Jr. ; William Eobert Senter, Jr., of Little Bock, Ark.,
on motion of Mr. George A. Keyfel;Ealph Hunter Tracy, of Silver
Spring, Md., on motion of Mr. Mitchell S. Dvoret ; Theodore MadsenNorton, of Los Gatos, Calif., on motion of Mr. Warren Price, Jr.;
E. Lewis Townsend, of Poughkeepsie, N. Y., on motion of Mr. Lau-rence H. Axman; Eichard W. Kemler, of Marshalltown, Iowa, on
motion of Mr. Joseph E. Gorman; Louis J. Castellano, Jr., of Brook-
lyn, K Y., on motion of Mr. Michael F. X. Dolan; Walter Powers,
of Boston, Mass., on motion of Claude E. Branch; John B. Eeigeluth,
of Beverly, Mass., and Eobert Proctor, of Beverly, Mass., on
motion of Mr. John L. Hall; John Paul Stevens, of Chicago, 111.,
on motion of Mr. L. Edward Hart, Jr. ; W. Scott Davis, of Yonkers,
m. Y., on motion of Mr. David Peterman; Joseph E. Stermer, of
Cincinnati, Ohio, on motion of Mr. Charles Connolly; Eobert D.
Salinger, of Boston, Mass., on motion of Marvin F. Ashley; William
W. Biddle, of Tulsa, Okla., Kenneth A. Burke, of Tulsa, Okla., Tilford
Hillas Eskridge, of Tulsa, Okla., James O. Worrell, of Tulsa, Okla.,
Holcomb Bibb Latting, Jr., of Tulsa, Okla., Dan A. Eogers, of Tulsa,
Okla., Louis O. Thomas, of Yenila, Okla., Thomas C. Smith, Jr., of
Oklahoma City, Okla., William D. Fore, of Oklahoma City, Okla.,
Edwin E. Eiffel, of Oklahoma City, Okla., William S. Myers, Jr., of
Oklahoma City, Okla., William E. Saied, of Oklahoma City, Okla.,
Joseph L. Hummert, of St. Louis, Mo., Francis Daley Abels, of St.
Louis, Mo., Eobert J. Callahan, Jr., of St. Louis, Mo., Ninian M. Ed-wards, of St. Louis, Mo., Harrison Don King, of St. Louis, Mo., Pen-
rose C. Martindale, of St. Louis, Mo., Ealph Kenneth Soebbing, of
University City, Mo., Barney Samelstein, of Syracuse, N. Y., Alfred
J. Moorhead, of Syracuse, N. Y., Eichard W. Cooney, of Fayetteville,
N. Y., Eichard N. Ames, of Syracuse, N. Y., Joseph F. Falco, of Syra-
cuse, N. Y., John Edwin Shaffer, of Syracuse, N. Y., Eussell HelmsClassen, of Belleville, 111., Jesse M. Johnson, of Eichmond, Va., and
Donald H. Smith, of Helena, Mont., on motion of Mr. David D.
Porter; James T. Hallinan, of New York, N. Y., John F. Scileppi,
of New York, N. Y., Daniel E. Fitzpatrick, of Jamaica, N. Y., Jen-
kin E. Hockert, of Jamaica, N. Y., Meyer Tobias, of Elmhurst, N. Y.,
Edward Thompson, of New York, N. Y., George J. Balbach, of Jack-
son Heights, N. Y., William H. Barr, of Jackson Heights, N. Y.,
MONDAY, APRIL 2 6, 1954 198
William M. Blake, Jr., of Queens Village, N. Y., John T. Clancy, of
Long Island City, N. Y., Martin A. Crean, of Jamaica, N. Y., Paul
Farrell Diggins, Jr., of New York, K Y., John C. Doyle, of Brook-
lyn, N. Y., Albert A. DuPont, of New York, N. Y., Daniel H. Farb,
of Jamaica, N. Y., Charles K. Finch, of Long Island City, N. Y.,
William T. Garvin, of Jamaica, N. Y., Harold Gellman, of New York,
N. Y., Samuel Gellman, of Corona, N. Y., Marvin T. Goodman, of
Sunnyside, N. Y., Christopher J. Gorman, of Flushing, N. Y. ; Harold
Karmiol, of Ozone Park, N. Y., Thomas F. Keane, of Brooklyn, N. Y.,
Vincent L. Leibell, Jr., of New York, N. Y., Arnold R. Lewis, of
Hollis Hills, N. Y., Ben. Lieblein, of Jamaica, N. Y., Joseph F.
Longobardi, of Maspeth, N. Y., Arthur V. Lynch, of New York,
N. Y., Thomas J. Mackell, of New York, N. Y., Jeremiah G. Ma-hony, of Bronxville, N. Y., Richard J. Maloney, of Brooklyn, N. Y.,
Joseph S. Moore, of Long Island City, N. Y., Harold D. Morrison,
of Woodside, N. Y., James F. McArdle, of New York, N. Y., FrankR. McGlynn, of Jackson Heights, N. Y., John Whitten McKeon,of Flushing, N. Y., Harold F. McNiece, of Brooklyn, N. Y., Bernard
P. McSherry, of New York, N. Y., Frank D. O'Connor, of New York,
N. Y., Jacob Padawer, of Brooklyn, N. Y., Herman D. Pedowitz,
of Jamaica, N. Y., Benjamin S. Rosenthal, of Elmhurst, N. Y., George
J. Sandler, of New York, N. Y., Henry S. Salamon, of Jackson
Heights, N. Y., Samuel S. Tripp, of Forest Hills., N. Y., and Albert
P. Engeler, of Syosset, N. Y., on motion of Mr. William B. Groat,
Jr., were admitted to practice.
No. 69. Dr. Edward K. Barsky, appellant, v. The Board of Regents
of the University of the State of New York. Appeal from the Court
of Appeals of the State of New York. Judgment of Court of Appeals
of State of New York affirmed with costs. Opinion by Mr. Justice
Burton. Dissenting opinion by Mr. Justice Black in which Mr.Justice Douglas concurs. Dissenting opinion by Mr. Justice Frank-
furter. Dissenting opinion by Mr. Justice Douglas in which Mr.
Justice Black concurs.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
No. 644. Vissering Mercantile Company et al., appellants, v. FrankAnnunzio, Director of Labor for the Department of Labor of the
State of Illinois, et al. Appeal from the Supreme Court of Illinois
;
and
MONDAY, APRIL 26, 1954 199
No. 652. Leo Arens and Eugene Frisette, appellants, v. The Village
of Eogers, a Municipal Corporation. Appeal from the SupremeCourt of Minnesota. Per Curiam: The appeals are dismissed for
the want of a substantial federal question.
No. 417. William Bradshaw and United States Fidelity and Guar-
anty Co., a Corporation, petitioners, v. Carrie Kobinson. The motion
of counsel for respondent for the allowance of attorney's fees for
services in this Court is granted and counsel is awarded the sum of
$650.00.
No. 647. The United States of America, appellant, v. Lee Shubert,
Jacob J. Shubert, et al. Appeal from the United States District
Court for the Southern District of New York. In this case probable
jurisdiction is noted and the case is transferred to the summarydocket.
No. 47. Wilburn Boat Company et al., petitioners, v. Fireman's
Fund Insurance Company. The petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit is granted.
No. 612. The National City Bank of New York, petitioner, v. TheRepublic of China et al. The petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit is granted.
No. 654. United States of America, petitioner, v. Peter Brown.
The petition for writ of certiorari to the United States Court of Ap-peals for the Second Circuit is granted and the case is transferred to
the summary docket.
No. 130. Clarence Sorenson, Richard E. Pickett and Nick Vout-
simas, et al., petitioners, v. City of New York. Petition for writ of
certiorari to the United States Court of Appeals for the Second
Circuit denied.
No. 592. Henry R. Witte, petitioner, v. The State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 599. General Electric Company, a Corporation, petitioner, v.
Averille L. Porter. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 602. Theobald Industries, Inc., petitioner, v. The United States.
Petition for writ of certiorari to the United States Court of Claims
denied.
No. 608. Louis Pizitz Dry Goods Company, Inc., a Corporation,
petitioner, v. E. L. Deal et al., Executors of the Last Will and Testa-
MONDAY, APRIL 2 6, 195 4 200
ment of Henry J. Willingham, etc. Petition for writ of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 613. O. L. Shannon, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 614. Settimo Accardo, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 616. Interstate Commerce Commission, petitioner, v. Claude
A. Taylor. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 618. Savage Truck Line, Incorporated, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 619. Joseph C. Caprio, petitioner, v. The State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 620. United States of America, petitioner, v. Paul J. Hooley.
Petition for writ of certiorari to the United States Court of Appeals
for the First Circuit denied.
No. 621. United States of America, petitioner, v. Donald T.
O'Keefe. Petition for writ of certiorari to the United States Court
of Appeals for the First Circuit denied.
No. 623. Ferroline Corporation, petitioner, v. General Aniline and
Film Corporation. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 624. Pecheur Lozenge Co., Inc., petitioner, v. National LaborRelations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 636. Supreme Grand Lodge, Modern Free and Accepted
Colored Masons of the World, petitioner, v. Most Worshipful Prince
Hall Grand Lodge, Free and Accepted Masons, Jurisdiction of
Georgia. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 638. Salsbury Motors, Inc., Whose Name has been Changed to
Wayne Manufacturing Co., petitioner, v. United States of America,
George T. Goggin, Receiver of Salsbury Motors, Inc., Debtor. Peti-
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 640. Victor Hemphill, as Executor of the Last Will and Testa-
ment of Joseph Bostick Liston, Deceased, petitioner, v. Wabash Rail-
road Company, a Corporation. Petition for writ of certiorari to the
United States Court of Appeals for the Seventh Circuit denied.
269533—54 59
MONDAY, APRIL 2 6, 195 4 201
No. 646. Joseph Hamme and R. H. Hamme, petitioners, v. Com-missioner of Internal Revenue. Petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit denied.
No. 677. W. H. Wilson, Executor of the Estate of Birdine Fletcher,
Deceased, and Sisters of St. Francis, a Corporation, petitioners, v.
A. J. Simler. Petition for writ of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 571. Edith Bloedorn, Executrix of the Estate of Rose L.
Sutherland, Deceased, petitioner, v. The United States. Petition for
writ of certiorari to the United States Court of Claims denied for the
reason that application therefor was not made within the time pro-
vided by law.
No. 617. Willie Applewhite et al., petitioners, v. William M. Jones
et al. Motion to dispense with the printing of the record granted.,
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 629. T. H. Sumter and wife, Viola M. Sumter, petitioners, v.
Buford R. Sheffield et al. Motion to dispense with the printing of
the record granted. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit denied.
No. 630. Charles Chaplin, petitioner, v. Honorable John W.Clancy, District Judge of the United States for the Southern District
of New York. Motion of respondent to supplement the record denied.,
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 656. Mallonee, Bucklin, and Fergus, Shareholder's Protective
Committee, et al., petitioners, v. Fahey, Ammann, as Conservator,
Home Loan Bank Board, et al. ; and
No. 659. Ernest R. Utley, as Receiver for Federal Home LoanBank of Los Angeles, etc., petitioner, v. Fahey, Federal Home LoanBank of San Francisco, et al. Petition for writs of certiorari to the
United States Court of Appeals for the Ninth Circuit denied. Mr.
Justice Clark took no part in the consideration or decision of these
applications.
No. 78. Binghamton Construction Co., Inc., petitioner, v. TheUnited States;
No, 541. Harvey Stoller, d/b/a Richland Laundry and DryCleaners, petitioner, v. National Labor Relations Board; andNo. 542. Laundry and Dry Cleaners Union, Local 197, affiliated
with Laundry Workers International Union, A. F. L., petitioner, v.
National Labor Relations Board. Petitions for rehearing denied.
MONDAY, APRIL 2 6, 1954 202
— Original. State of Alabama, complainant, v. State of Texas et
al.; and— Original. State of Khode Island and Providence Plantations,
complainant v. State of Louisiana et al. Petitions for rehearing
denied. Motion for clarification of the decision also denied. TheChief Justice took no part in the consideration or decision of these
applications.
No. 264, Misc. Charles Franklin Johnson, petitioner, v. The State
of Illinois. Motion to consolidate this case with No. 352, Misc. de-
nied. Petition for writ of certiorari to the Supreme Court of Illinois
and Criminal Court of Cook County, Illinois, denied.
No. 342, Misc. William Dessie Messamore, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Sixth Circuit denied.
No. 369, Misc. William H. Eice, petitioner, v. United States of
|America. Petition for writ of certiorari to the United States Court
i of Appeals for the Fifth Circuit denied.
|
No. 388, Misc. Thomas Joseph Jones, petitioner, v. Illinois Ter-
j
minal Railroad Co. Petition for writ of certiorari to the SupremeCourt of Missouri denied.
No. 400, Misc. Monroe Rex Bell, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the District of Columbia Circuit denied.
No. 412, Misc. John Henley, petitioner, v. H. E. Moore, Warden.Petition for writ of certiorari to the Court of Criminal Appeals of
Texas denied.
No. 466, Misc. Ozzie Jones, petitioner, v. R. P. Balkcom, Jr.,
Warden. Petition for writ of certiorari to the Supreme Court of
Georgia denied.
No. 470, Misc. John Palakiko and James Edward Majors, peti-
tioners, v. Joe C. Harper, Warden of Oahu Prison. Petition for writ
of certiorari to the United States Court of Appeals for the Ninth Cir-
cuit denied.
No. 476, Misc. Bill Jenkins, petitioner, v. State of Arkansas. Peti-
tion for writ of certiorari to the Supreme Court of Arkansas denied.
No. 477, Misc. Louis J. Pult, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of Ap-peals for the Sixth Circuit denied.
No. 479, Misc. Charles W. Simpson, petitioner, v. State of Wash-ington. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
MONDAY, APRIL 2 6, 1954 203
No. 480, Misc. Kobert Barr, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 483, Misc. William T. Reed, petitioner, v. Commonwealth of
Kentucky. Petition for writ of certiorari to the Court of Appeals of
Kentucky denied.
No. 484, Misc. William E. Selfridge, petitioner, v. John R. Cranor,
Supt. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 485, Misc. Amos Doris Cooper, petitioner, v. John R. Cranor,
Supt. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 489, Misc. William H. Chapman, petitioner, v. Ohio Depart-
ment of Public Welfare, etc. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 497, Misc. Marion Virgil Goss, petitioner, v. State of Indiana.
Petition for writ of certiorari to the Circuit Court of Putnam County,
Indiana, denied.
No. 505, Misc. Carl C. Hertz, petitioner, v. Ralph W. Alvis,
Warden. Petition for wirt of certiorari to the Supreme Court of Ohio
denied.
No. 506, Misc. Dexter C. Dayton, petitioner, v. James V. Bennett.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 511, Misc. H. Telford Persons, petitioner, v. State of Washing-ton. Petition for writ of certiorari to the Supreme Court of Wash-ington denied.
No. 526, Misc. Issiah Stamps, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 494, Misc. James W. Byrne, petitioner, v. Frank A. Hooper,
District Judge, United States District Court for the Northern Dis-
trict of Georgia. Motion for leave to file petition for writ of man-
damus denied.
Mr. Justice Jackson took no part in the consideration or decision
of the cases in which orders are this day announced.
MONDAY, APRIL 26, 1954 204
ORDER
Pursuant to the provisions of Title 28, U. S. C, § 42, It is ordered
that Mr. Justice Reed be, and he is hereby temporarily assigned to the
Second Circuit as Circuit Justice.
ORDER
It is ordered that the call of the docket, except for special assign-
ments, be suspended for the term upon the conclusion of the argument
in case No. 635.
The Court will take a recess from Monday, May 3, until Monday,
May 17, next.
No. 394. United Shoe Machinery Corporation, appellant, v. United
States of America. Argument commenced by Mr. John L. Hall for
the appellant and continued by Mr. Robert Proctor and Mr. Claude
R. Branch for the appellants and by Mr. Ralph S. Spritzer for the
appellee.
Adjourned until tomorrow at 12 o'clock.
The day call for Tuesday, April 27, will be as follows : Nos. 394,
464, 480 (and 481) , and 635.
x
TUESDAY, APRIL 2 7, 195 4 205
SUPREME COUET OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Reed, Mr. Justice
Frankfurter, Mr. Justice Douglas, Mr. Justice Burton, Mr. Justice
Clark, and Mr. Justice Minton.
Ferdinand T. Fletcher, of San Diego, Calif., and Holloway Jones,
of San Francisco, Calif., on motion of Mr. Stanley N. Barnes ; Alan A.
Lindsay, of Oakland, Calif., Charles E. Sells, of Fresno, Calif., and
David L. Luce, of Berkeley, Calif., on motion of Mr. Warren Olney
III ; Bert W. Kronmiller, of Hardin, Mont., on motion of Mr. JamesE. Murray ; Robert J. Nolan, of Chicago, 111., and Leslie O. Lynch, of
Fort Worth, Tex., on motion of Mr. Price Daniel; John T. Davies, of
Coronado, Calif., on motion of Mr. James B. Utt ; Howard H. Baker,
Jr., of Huntsville, Tenn., on motion of Mr. Howard H. Baker; Tru-
man Burris Rucker, of Tulsa, Okla., on motion of Mr. Page Belcher
;
Cecile E. Reed, of Carter, Okla., on motion of Miss Vivien Irene Mc-Connell ; Francis Phillip Cotruvo, of Akron, Ohio, on motion of Mr.
Jackson E. Betts ; Kenneth R. Harkins, of Zanesville, Ohio, on motion
of Mr. Leonard J. Emmerglick; Thomas William Collins, of CampLejeune, N. C, on motion of Mr. T. Emmett McKenzie; Roger Hay-ward Muzzall, of Washington, D. C, on motion of Mr. Charles B. Mc-Innis; Jack Millender Cotton, of New York, N. Y., on motion of Mr.
W. Blum, Jr.; Francis Joseph Kiernan, of North Providence, R. I.,
on motion of Mr. M. M. Heuser;Sidney Spencer Kallick, of Chicago,
111., on motion of Mr. Abraham H. Mailer;Henry Raymond Wasser,
of Washington, D. C, on motion of Mr. Heber H. Rice; Joseph B.
Kennedy, Jr., of Falls Church, Va., on motion of Mr. Burr Tracy
Ansell; John Phleger Pollock, of Los Angeles, Calif., on motion of
Mr. David M. Richmond;Royal L. Coburn, of Washington, D. C, and
Aloys P. Kaufmann, of Saint Louis, Mo., on motion of Mr. Parke M.Banta; Paul N. Pfeiffer, of Falls Church, Va., on motion of Mr.
Alexander Pfeiffer ; and David B. Fitzgerald, of Philadelphia, Pa., on
motion of Mr. Arthur L. Winn, Jr., were admitted to practice.
No. 394. United Shoe Machinery Corporation, appellant, v. United
States of America. Argument continued by Mr. Ralph S. Spritzer
for the appellee and concluded by Mr. Robert Proctor for the appellant.
No. 464. United States of America, appellant, v. The Borden Com-pany et al. Argued by Mr. Assistant Attorney General Barnes for
269533—54——60
TUESDAY, APRIL 2 7, 1954 206
the appellant and by Mr. Stuart S. Ball for the appellees, The Borden
Co., et al. and by Mr. Leo F. Tierney for the appellee, Beloit Dairy Co.
No. 480. Secretary of Agriculture of the United States, appellant,
v. United States of America, Interstate Commerce Commission, the
Baltimore & Ohio Railroad Company, et al. ; andNo. 481. Florida Citrus Commission, Growers and Shippers
League of Florida, et al., appellants, v. United States of America,
Interstate Commerce Commission, the Baltimore & Ohio Railroad
Company, et al. Argument commenced by Mr. Maxwell W. Wells for
the appellants in No. 481.
Adjourned until tomorrow at 12 o'clock.
The day call for Wednesday, April 28, will be as follows : No. 480(and 481), and 635.
x
WEDNESDAY, APRIL 2 8, 1954 207
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Bur-
ton, Mr. Justice Clark, and Mr. Justice Minton,
Abraham E. Horn, of Memphis, Tenn., on motion of Mr. Clifford
Davis; Vernon McDaniel, of Wichita Falls, Tex., on motion of Mr.
Jack B. Brooks; Alexander T. Kardos, of Greenwich, Conn., on
motion of Mr. Ellis Spear Middleton; Harold V. Kennedy, of NewYork, N. Y., on motion of Mr. Robert L. Stern ; and Donald F. Pratt,
of Minneapolis, Minn., on motion of Mr. Louis A. Gravelle, were ad-
mitted to practice.
No. 480, Secretary of Agriculture of the United States, appellant,
v. United States of America, Interstate Commerce Commission, the
Baltimore & Ohio Railroad Company, et al. ; and
No. 481, Florida Citrus Commission, Growers and Shippers
League of Florida, et ah, appellants, v. United States of America,
Interstate Commerce Commission, the Baltimore & Ohio Railroad
Company, et al. Argument continued by Mr. Neil Brooks for the
appellant in No. 480, by Mr. Edward M. Reidy for the appellee, In-
terstate Commerce Commission and by Mr. Hugh B. Cox for the
appellees, Baltimore and Ohio Railroad Co., et al. and concluded by
Mr. Maxwell W. Wells for the appellants in No. 481.
No. 635. Camilo Weston Leyra, petitioner, v. Wilfred L. Denno,
Warden of Sing Sing Prison, Ossining, New York. Argued by Mr.
Osmond K. Fraenkel for the petitioner and by Mr. William I. Siegel
for the respondent.
Adjourned until Monday, May 3, next, at 12 o'clock.
X
269533—54 $1
MONDAY, MAY 3, 1954 208
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Bur-
ton, Mr. Justice Clark, and Mr. Justice Minton.
Craig Hosmer, of Long Beach, Calif., and Clarence Clifton Young,
of Reno, Nev., on motion of Mr. Vice President Richard M. Nixon;
Harry H. Allen, Jr., of Larchmont, N. Y., on motion of Mr. Solicitor
General Simon E. Sobelorf ; Robert Alexander Blackwood, of Atlanta,
Ga., Lloyd Elmo Holt, of Atlanta, Ga., and Lewis Roger Slaton, Jr.,
of Atlanta, Ga., on motion of Mr. Jas. C. Davis; Lee Metcalf, of
Helena, Mont., on motion of Mr. James E. Murray; William MayoLee, of Clarendon, Ark., on motion of Mr. Wilbur D. Mills; Erie
William Francis, of Topeka, Kans., on motion of Mr. Andrew F.
Schoeppel ; Vernon L. Headrick, of Enid, Okla., on motion of Mr. PageBelcher; Kirk Patrick Banks, of Elizabethton, Tenn., and Robert
Edward Banks, of Elizabethton, Tenn., on motion of Mr. B. Carroll
Reece: H. B. Hill, of Sycamore, Tex., on motion of Mr. Walter
Rogers; Robert S. Barnes, of Santa Ana, Calif., on motion of Mr.
James B. Utt; Russell S. Munro, of Sacramento, Calif., on motion of
Mr. Justin Leroy Johnson; James J. Carter, of Montgomery, Ala.,
and Thos. B. Hill, Jr., of Montgomery, Ala., on motion of Mr. ElmoreWhitehurst ; Arthur M. Cromarty, of Lindenhurst, N. Y., on motion
of Mr. John J. Rhodes; Erwin M. Arnold, of Little Rock, Ark., on
motion of Mr. Brooks Hays ; Terence J. O'Neill, of Denver, Colo., on
motion of Mr. Will Shafroth; Searcy Bracewell, of Houston, Tex.,
on motion of Mr. E. Jake Jacobsen ; William Lee Springer, of Cham-paign, 111., and H. Ogden Brainard, of Charleston, 111., on motion of
Mr. Charles J. Zinn; Donald Crichton Alexander, of Washington,
D. C, on motion of Mr. Stanley L. Temko ; Thomas Francis Brosnan,
of Washington, D. C, on motion of Mr. Walter A. Slowinski, Jr.;
Donald Levy, of Annapolis, Md., and Morris O. Wolk, of New York,
N. Y., on motion of Mr. Pasquale J. Federico ; Isador I. Smuckler, of
Los Angeles, Calif., on motion of Mr. Frank W. Dahn; Lew D.
Brundage, of Dillon, Mont.. Charles Sidney Steinhardt, of New York,
N. Y., Ralph J. Pearson, of Memphis, Tenn., William B. Kaliher, of
Orangeburg, S. C, Roy M. Sullivan, Jr., of Atlanta, Ga., Clarence H.
Shirley, of Alpharette, Ga., William L. Koch, of Columbus, Ohio,
Eugene B. Sisk, Jr.. of Houston, Tex., Theodore C. Huke, of Kerr-
269533—54—^62
MONDAY, MAY 3, 1954 209
ville, Tex., Edward Harry Posey, of Indian Kocks Beach, Fla., George
Matthew Wilson, of Washington, D. C, Aubrey L. Turner, of Rison,
Ark., Thomas R. Hennessey, of Augusta, Ky., William Francis Hig-
gins, of Baltimore, Md., John Maynard Rankin, of Washington, D. C,and Ernest Ray Mattoon, of Woodstock, Md., on motion of Mr. Albert
M. Kuhfeld ; Vincent E. McGowan, of New York, N. Y., on motion of
Mr. Martin J. Meenehan; Gerrit Paul Groen, of Chicago, 111., on
motion of Mr. Albert Arnold Brand, Jr.; William H. Ward, Jr., of
Weston, Mass., and Marco J. Pettoruto, of Lawrence, Mass., on mo-
tion of Mr. Chester W. Wilson; Frederick Thompson Kingdon, of
Mullens, W. Va., on motion of Mr. Heber H. Rice; John Gilbert
Prendergast, of Baltimore, Md., on motion of Mr. Roszel C. Thomsen
;
Paul Joseph Kopp, of Washington, D. C, on motion of Mr. Joseph A.
Nacrelli; Barnard Fulton Jennings, of Fairfax, Va., John Mullard
Pendergrass, of Falls Church, Va., John Hamilton Aylor, of Arling-
ton, Va., and LeRoy E. Berg, of Arlington, Va., on motion of Mr.
Edward D. Gasson; Erwin A. Jones, of Alexandria, Va., on motion
of Mr. Morris Goldschlager ; Robert Warren Kell, of Old Greenwich,
Conn., on motion of Mr. Ellis Spear Middleton; Thomas Ladnor
Thistle, of Melrose, Mass., on motion of Mr. Alfred H. Myers; JohnJoseph Czyzak, of Arlington, Va., on motion of Mr. Carl H. Imlay;
William Milner Kelly, of Montgomery, Ala., on motion of Mr. Joseph
Chandler Burton; Harriet Matilda Hamner, of Nashville, Tenn.,
Virginia Morsey, of Washington, D. C, and Virginia Merrills
Tomasulo, of Washington, D. Tl, on motion of Mr. John AmbroseTyson ; Bon O. Russell, of Saint Louis, Mo., on motion of Mr. EdwardH. Berry; Maurice H. Schy, of Chicago, 111., on motion of Mr. Ger-
hard Van Arkel; Robert Alexander Kagan, of Arlington, Va., on
motion of Mr. George Bronz; William P. McClure, of Washington,
D. C, on motion of Mr. John E. McClure ; and Jarrard Secrest, of
Temple, Tex., on motion of Mr. Charles I. Francis, were admitted
to practice.
No. 406. Pete Hernandez, petitioner, v. The State of Texas. Onwrit of certiorari to the Court of Criminal Appeals of the State of
Texas. Judgment reversed with costs and case remanded to the
Court of Criminal Appeals of Texas for proceedings not inconsistent
with the opinion of this Court. Opinion by Mr. Chief Justice Warren.
The Chief Justice said
:
"The orders of this Court appear upon the list certified by the
Chief Justice and filed with the Clerk and will not be announced
orally."
MONDAY, MAY 3, 1954 210
No. 464. United States of America, appellant, v. The Borden Com-pany et al. The motion for leave to file brief of Dean Milk Co. as
amicus curiae is granted.
No. 29. B. Clinton Watson et ux., appellants, v. Employers Liabil-
ity Assurance Corporation, Ltd., et al. Appeal from and petition for
writ of certiorari to the United States Court of Appeals for the Fifth
Circuit. Further consideration of the question of the jurisdiction of
this Court in this case on appeal is postponed to the hearing of the
case on the merits. The petition for writ of certiorari is granted.
No. 521. Lena Califro and Andrew Mareck, petitioners, v. ThePeople of the State of California. Petition for writ of certiorari
to the District Court of Appeal of California, First Appellate
District, denied.
No. 569. Byron E. Boring, petitioner, v. State of Ohio. Petition
for writ of certiorari to the Supreme Court of Ohio denied.
No. 593. Joseph G. Brand and Anton A. Morvay, petitioners, v.
People of the State of Illinois. Petition for writ of certiorari to
the Supreme Court of Illinois denied.
No. 611. Collin County Levee Improvement District No. 1 et al.,
petitioners, v. United States of America et al. Petition for writ of
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 631. Northwest Steel Rolling Mills, Inc., a Washington Cor-
poration, et al., petitioners, v. Charles H. Kendall, Assistant Admin-istrator, Economic Stabilization Agency. Petition for writ of cer-
tiorari to the United States Emergency Court of Appeals denied.
No. 632. Pennsylvania Water and Power Company, petitioner, v.
Consolidated Gas Electric Light and Power Company of Baltimore.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 633. Dr. Anthony J. Cincotta, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 653. Bernard Everett Klock, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 160. Miller Brothers Company, appellant, v. State of Mary-land; and
MONDAY, MAY 3, 1954 211
No. 492, Misc. S. P. Beecher, petitioner, v. Leavenworth State
Bank, et al. Petitions for rehearing denied.
No. 281, Misc. Robert Lee Cannon, petitioner, v. O. B. Ellis, Gen-
eral Manager of the Texas Prison System, Huntsville, Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 338, Misc. George P. Clokey, petitioner, v. C. H. Looney,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit denied.
No. 384, Misc. Bert Crabtree, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 402, Misc. Edward Powell, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 432, Misc. Thomas B. Grayson, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 435, Misc. James W. Sprading, petitioner, v. United States of
America. Petition for wirt of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied.
No. 442, Misc. Bobert Edward Lipscomb, petitioner, v. United
States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Eighth Circuit denied.
No. 446, Misc. In the Matter of Edmond C. Fletcher, petitioner.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 475, Misc. Ralph Walter Masse, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 482, Misc. Eugene Victor Blount, Sr., petitioner, v. State of
Oregon. Petition for writ of certiorari to the Supreme Court of
Oregon denied.
No. 488, Misc. Samuel Foxall, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 490, Misc. Frank J. Anderson, petitioner, v. Dr. Reginald
Rood, Supt. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
MONDAY, MAY 3, 1954 212
No. 491, Misc. Robert Petraborg, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 493, Misc. Willis Altizer, petitioner, v. W. Frank Smyth, Jr.,
jSupt. Petition for writ of certiorari to the Supreme Court of
Appeals of Virginia denied.
No. 495, Misc. Jerome Williams, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 496, Misc. William Bird, petitioner, v. Robert E. Murphy,Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 499, Misc. Kaiser Wyatt, petitioner, v. W. Frank Smyth, Jr.,
Supt. Petition for writ of certiorari to the Supreme Court of
Appeals of Virginia denied.
No. 500, Misc. Robert J. Koalska, petitioner, v. Edwin Swenson,
Warden. Petition for writ of certiorari to the Supreme Court of
Minnesota denied.
No. 501, Misc. William Holzapple, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 502, Misc. Gerhard A. Puff, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied.
No. 503, Misc. Don Jesse Neal, petitioner, v. State of Utah. Peti-
tion for writ of certiorari to the Supreme Court of Utah denied.
No. 504, Misc. Vito W. Rizzi, petitioner, v. People of the State of
New York et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
No. 512, Misc. John J. Rollo and John J. Lannahan, petitioners, v.
People of the State of Michigan. Petition for writ of certiorari to
the Supreme Court of Michigan denied.
No. 514, Misc. Clarence Jones, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 515, Misc. Irvin A. Sell, petitioner, v. Commonwealth of
Pennsylvania et al. Petition for writ of certiorari to the SupremeCourt of Pennsylvania, Eastern District, denied.
No. 516, Misc. Fred Clark Robertson, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
MONDAY, MAY 3, 1954 213
No. 507, Misc. Everett Crandall, petitioner, v. John R. Cranor,
Supt. Petition for writ of certiorari to the Supreme Court of Wash-
ington denied. Motion for leave to file petition for writ of habeas
corpus also denied.
No. 487, Misc. Ex parte W. A. Marshall, petitioner. Motion for
leave to file petition for writ of mandamus denied.
No. 508, Misc. Willie Ray Watson, petitioner, v. William H. Ban-
nan, Warden. Motion for leave to file petition for writ of habeas
corpus denied.
No. 519, Misc. Rufus Jackson Brown, petitioner, v. United States
of America. Motion for leave to file petition for writ of certiorari
denied.
Mr. Justice Jackson took no part in the consideration or decision of
the cases in which orders are this day announced.
Adjourned until Monday, May 17, at twelve o'clock.
X
MONDAY, MAY 17, 1954 214
SUPREME COURT OF THE UNITED STATES
Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Jerry Broadwell Stone, of Hillsboro, N. C, Mr. James N. Caldwell,
Jr., of Columbia, S. C, Thomas S. Gordon, Jr., of Chicago, 111., Harold
Dexter Rhynedance, Jr., of Williamsville, N. Y., James Meador Smith,
of Morenci, Ariz., Albert E. Arnstein, of Chicago, 111., Mr. HenryHarry Levin, of Chicago, 111., and Mr. John Thomas Grigsby, of Sioux
Falls, S. Dak., on motion of Mr. Solicitor General Simon E. Sobeloff
;
Kathleen Parker, of Los Angeles, Calif., Calvin Camp McGregor, of
Honolulu, T. H., Kazuhisa Abe, of Hilo, T. H., William Shaw Richard-
son, of Honolulu, T. H., Yasutaka Fukushima, of Honolulu, T. H.,
Edward A. Towse, of Honolulu, T. H., Jack H. Mizuha, of Koloa,
T. H., and O. Vincent Esposito, of Honolulu, T. H., on motion of Mr.
Patrick J. Hillings;Timothy P. Quinn, of St. Paul, Minn., John E.
Daubney, of St. Paul, Minn., and Richard Ernst, of San Francisco,
Calif., on motion of Mr. Warren E. Burger ; John E. Stone, of Jackson,
Miss., on motion of Mr. John Cornelius Stennis ; Alvin H. Gershenson,
of Beverly Hills, Calif., on motion of Mr. Harlan Hagen ; Warren E.
Baker, of Fort Wayne, Ind., on motion of Mr. E. Ross Adair;
Stanford W. Gregory, of Denver, Colo., and Edwin Austin Williams,
of Denver, Colo., on motion of Mr. Bryon G. Rogers; David CampionAcheson, of Washington, D. C, on motion of Mr. Dean G. Acheson;
Hugh R. Couch, of Martinsville, Ind., on motion of Mr. William G.
Bray ; James A. Johnston, of San Francisco, Calif., on motion of Mr.
Henry P. Chandler;Roger F. Dykes, of Cocoa, Fla., and John Marshall
Haynes, of J'asksonville, Fla., on motion of Mr. James R. Golden;
F. Keith Kelly, of Washington, D. C, on motion of Mr. Samuel O.
Clark, Jr. ; Romas L. Hruska, of Omaha, Nebr., and S. E. Torgeson,
of Kimball, Nebr., on motion of Mr. Edward R. Burke; Merlin
Howard Staring, of Washington, D. C, on motion of Mr. William J.
Hughes, Jr. ; Willard J. Wright, of Seattle, Wash., on motion of Mr.
Eugene R. West; Albert D. Elledge, of San Francisco, Calif., on
motion of Mr. John D. Conner; Edward D. E. Rollins, of Elkton, Md.,
on motion of Mr. J. Edgar Harvey; William Lawrence Shaw, of
Sacramento, Calif., on motion of Mr. R. C. Van Kirk; George W.Hickman, Jr., of Washington, D. C., and William Robert Morrison,
269533—54 63
MONDAY, MAY 17, 195 4 215
of Ridgefield Park, N. J., on motion of Mr. Carl E. Williamson;
William L. Wallace, of Lexington, Ky., and Job Darbin Turner, Jr.,
of Lexington, Ky., on motion of Mr. Thomas J. Beddow; Milton H.
Camann, of Athol, Mass., on motion of Mr. Harry M. Plotkin;
Robert T. Reynolds, of Washington, D. C, on motion of Mr. FredSchwertner ; William John McMahon, of Cleveland, Ohio, on motion
of Mr. Vernon C. Kohlhaas; Edward McFadden, Jr., of New York,
N. Y., on motion of Mr. Frederick A. Ballard; Robert P. Butler, of
Hartford, Conn., and Valentine J. Sacco, of Hartford, Conn., onmotion of Mr. William D. Donnelly ; Peter Beter, of Washington, D. C,on motion of Mr. John P. Labofish ; Arnold Schlossberg, of Roanoke,
Va., on motion of Mr. Henry Hamill Fowler ; Preston P. Taylor, of
Norfolk, Va., on motion of Mr. William E. Stewart, Jr.; Ralph G.
Mayer, of Arlington, Va., on motion of Mr. Jess H. Rosenberg;
Louis A. Mankus, of Cheyenne, Wyo., on motion of Mr. Jackson
Brodsky; Norton S. Johnson, of Greenwich, Conn., on motion of Mr.
Ellis Spear Middleton; Sidney R. Siben, of Bay Shore, N. Y., on
motion of Mr. Walter Siben; Helen R. MacGregor, of Oakland,
Calif., on motion of Mr. Warren Olney III;Philip Erwin Biege, of
Enumclaw, Wash., on motion of Mr. Dwight D. Taylor ; Edward L.
Barrett, Jr., of Berkley, Calif., on motion of Mr. J. Roger Wollenburg
;
William B. Carman, of Los Angeles, Calif., on motion of Mr.
Stanley L. Temko; Wesley C. Blake, of St. Paul, Minn., on motion of
Mr. Carl G. Lutz; James Russell Blease, of Pawtucket, R. I., and
Walter Gilbert Andry, of New Orleans, La., on motion of Mr.
Edward J. Taggart; Gilbert Hahn, Jr., of Washington, D. C, on
motion of Mr. Milton W. King; Irving M. Wolff, of Miami Beach,
Fla., on motion of Mr. William A. Kehoe, Jr. ; Edward Gabriel Misey,
of Washington, D. C., and Duard R. Barnes, of Washington, D. C, on
motion of Mr. William R. Vallance; A. Roy Surles, Jr., of Lakeland,
Fla., on motion of Mr. Burr Tracy Ansell; John Hill Paylor, of
Farmville, N. C, on motion of Mr. Ralph M. Moody; Nahum A.
Bernstein, of Rye, N. Y., Edward Sholom Silver, of Brooklyn, N. Y.,
and George H. Kaplan, of Teaneck, N. J., on motion of Mr. Donald RaySeawell ; Herman Sternstein, of Washington, D. C, on motion of Mr.
Isaac Nathan Groner; Leo Richard Lichter, of Milwaukee, Wis., on
motion of Mr. P. Michael Cook; William Alexander Dallis, of
Columbia, S. C, on motion of Mr. T. C. Callison; Paul F. Robison,
of Anchorage, Alaska, on motion of Mr. Charles Sager Collier ; Reid C.
Tait, of Washington, D. C, James C. Gregg, of Washington, D. C,and William Laverick, of Washington, D. C, on motion of Mr.
Frederick T. M. Crowley ; Charles H. Vaughn, of Washington, D. C,on motion of Mr. Anthony N. Zock ; Frank H. Schmidt, of Los Angeles,
Calif., on motion of Mr. Robert A. Littleton;Joseph A. McElwain, of
MONDAY, MAY 17, 195 4 216
Deer Lodge, Mont., on motion of Mr. Ralph E. Becker; William P.
Jaeger, Jr., of Berkeley, Calif., Walter Fitch Pettit, of San Francisco,
Calif., and Robert Joseph Kelleher, of Beverly Hills, Calif., on motion
of Mr. Howard H. Schmidt; Thomas J. Newton, of Corpus Christi,
Tex., on motion of Mr. Arthur C. Perry; Edgar O. Appleby, of NewYork, N. Y., on motion of Mr. Jay W. Glasmann ; Francis H. Caskin
3d, of Danvers, Mass., on motion of Mr. Harry A. Poth, Jr. ; C. WilliamTaylor, of Washington, D. C, on motion of Mr. H. G. Morison;
Charles F. O'Neall, of Washington, D. C, on motion of Mr. DavidWalker Richmond ; Merwin Kimball Hart, Jr., of Utica, N. Y., EmlynI. Griffith, of Rome, N. Y., and Robert O. Wright, of Rome, N. Y., on
motion of Mr. John Lord O'Brian; Charles Brundage Howard, of
Seattle, Wash., on motion of Mr. Lane Summers; and Thomas M.Jenkins, of San Francisco, Calif., on motion of Mr. Marvin E.
Frankel ; Allan C. Schieck, of Washington, D. C, Bernard L. Trott,
of Kansas City, Mo., Donald N. Glazier, of Miami, Fla., Adrian W.Tolen, of Annandale, Va., Ely R. Katz, of Miami, Fla., Billy B.
Burton, of Miami, Fla., Tom Maxey, of Coral Gables, Fla., Arthur E.
Sweet, of Miami, Fla., Helen T. Hope, of Miami, Fla., Raymond L.
Parker, of Miami, Fla., Norman F. Carroll, of Garden City, N. Y.,
Bernard B. Weksler, of Miami, Fla., Stephen E. Ware, of Wichita,
Kans., Clifford C. Alloway, of Miami, Fla., Marco Loffredo, of Miami,
Fla., Lewis Horwitz, of Miami Beach, Fla., John J. Ensley, of Falls
Church, Va., Robert K. Elliott, of North Kansas City, Mo., William E.
Turnage, of Liberty, Mo., Donald W. Browne, of Kansas City, Mo.,
Walter R. James, of North Kansas City, Mo., Larry W. Becker, of
Lincoln, Nebr., J. William Benton, of Kansas City, Mo., Lee Glenn
Norris, of Denver, Colo., Harvey H. Shackelford, Jr., of Kansas City,
Mo., and Charles A. Luehl, of Miami, Fla., on motion of Mr. Reginald
Carl Harmon, were admitted to practice.
No. 464. United States of America, appellant, v. The Borden Com-pany et al. Appeal from the United States District Court for the
Northern District of Illinois. Judgment of dismissal as to the Sher-
man Act allegations affirmed. As to the Clayton Act allegations the
case is remanded to the District Court for further consideration, and
such further proceedings as may be necessary, in accordance with
the opinion of this Court. Opinion by Mr. Justice Clark. Mr. Jus-
tice Black and Mr. Justice Jackson took no part in the consideration
or decision of this case.
No. 398. Capital Service, Inc., a California Corporation, etc., et al.,
petitioners, v. National Labor Relations Board. On writ of certiorari
to the United States Court of Appeals for the Ninth Circuit. Judg-
MONDAY, MAY 17, 195 4 217
ment affirmed and case remanded to the United States District Court
for the Southern District of California. Opinion by Mr. Justice
Douglas. Mr. Justice Black dissents. Mr. Justice Jackson took no
part in the consideration or decision of this case.
No. 449. United States of America, petitioner, v. Mead Gilman, Jr.
On writ of certiorari to the United States Court of Appeals for the
Mnth Circuit. Judgment of Court of Appeals affirmed and case
remanded to the United States District Court for the Southern Dis-
trict of California. Opinion by Mr. Justice Douglas.
No. 394. United Shoe Machinery Corporation, appellant, v. United
States of America. Appeal from the United States District Court
for the District of Massachusetts. Judgment affirmed. Opinion per
curiam announced by Mr. Chief Justice Warren. Mr. Justice Jack-
son and Mr. Justice Clark did not participate in the consideration or
decision of this case.
No. 1. Oliver Brown et al., appellants, v. Board of Education of
Topeka, Shawnee County, Kansas, et al. Appeal from the United
States District Court for the District of Kansas
;
No. 2. Harry Briggs, Jr., et al., appellants, v. E. W. Elliott et al.
Appeal from the United States District Court for the Eastern Dis-
trict of South Carolina
;
No. 4. Dorothy E. Davis et al., appellants, v. County School Boardof Prince Edward County, Virginia, et al. Appeal from the United
States District Court for the Eastern District of Virginia ; and
No. 10. Francis B. Gebhart et al., petitioners, v. Ethel Louise Bel-
ton et al. On writ of certiorari to the Supreme Court of Delaware.
Opinion of the Court delivered by Mr. Chief Justice Warren holding
that the segregation complained of in these cases is a denial of the
equal protection of the laws guaranteed by the Fourteenth Amend-ment. In order that the Court may have the full assistance of the par-
ties in formulating decrees, the cases are restored to the docket and
the parties are requested to present further argument on Questions 4
and 5 previously propounded by the Court for the reargument this
Term. The Attorney General of the United States is again invited
to participate. The Attorneys General of the states requiring or per-
mitting segregation in public education will also be permitted to
appear as amici curiae upon request to do so by September 15, 1954,
and submission of briefs by October 1, 1954.
No. 8. Spottswood Thomas Boiling et al., petitioners, v. C. Melvin
Sharpe et al. On writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit. Opinion of the Court
delivered by Mr. Chief Justice Warren holding that racial segrega-
tion in the public schools of the District of Columbia is a denial of
MONDAY, MAY 17, 1954 218
the due process of law guaranteed by the Fifth Amendment to the
Constitution. For the reasons set out in Brown v. Board of Educa-tion, this case is restored to the docket for reargument on Questions 4
and 5 previously propounded by the Court.
The Chief Justice said:
"The orders of this Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 625. Burton C. Johns, Sr., appellant, v. The Baltimore andOhio Railroad Company, a Corporation, Brotherhood of Locomo-tive Firemen and Enginemen, and Brotherhood of Locomotive Engi-
neers. Appeal from the United States District Court for the Northern
District of Illinois. Per Curiam: The judgment of the three-judge
court is aflirmed.
No. — . William Arlow Butler, petitioner, v. The Superior Court
of the State of California, County of San Bernardino. The petition
for a temporary restraining order, referred to the Court by Mr. Justice
Douglas, is denied.
No. 531. Sonia Herrup Alton, petitioner, v. David Elie Alton. Arule is ordered to issue, returnable within ten days, requiring the
parties to show cause why the judgments should not be vacated and
the case dismissed by the trial court as moot. Mr. Justice Douglas
and Mr. Justice Jackson took no part in the consideration or decision
of this question.
No. 120. Lumbermen's Mutual Casualty Company, petitioner, v.
Florence R. Elbert. Petition for writ of certiorari to the United
States Court of Appeals for the Fifth Circuit granted and case
assigned for argument on Monday, October 11, immediately following
No. W.
No. 609. The United States, petitioner, v. Koppers Company, Inc.,
Successor on Merger to Koppers United Company and Subsidiaries.
Petition for writ of certiorari to the United States Court of Claims
granted.
No. 637. Alta Valentine, petitioner, v. Lester Lamont and Marion
Lamont, his wife, Board of Education of the City of Jersey City,
Hudson County, a Body Corporate, et al. Petition for writ of
certiorari to the Supreme Court of New Jersey denied.
No. 645. Syracuse Color Press, Inc., petitioner, v. National Labor
Relations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
2695S3—54 64
MONDAY, MAY 17, 1954 219
No. 649. Frank Rich, alias Ben Rich, petitioner, v. Commonwealthof Pennsylvania. Petition for writ of certiorari to the SupremeCourt of Pennsylvania, Eastern District, denied.
No. 657. Milton Duke et al., Receiver of the Bond ConstructionCorporation, petitioners, v. Reconstruction Finance Corporation et
al. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 658. Wheatland Electric Cooperative, Inc., petitioner, v. Na-tional Labor Relations Board. Petition for writ of certiorari to
the United States Court of Appeals for the Tenth Circuit denied.
No. 660. National Manufacturing Company et al., petitioners, v.
United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Eighth Circuit denied.
No. 661. Spector Motor Service, Inc., petitioner, v. Otto F. Mess-
ner, Secretary of Revenue of the Commonwealth of Pennsylvania,
et al. Petition for writ of certiorari to the Supreme Court of Penn-sylvania, Middle District, denied.
No. 663. United States of America, ex rel. Jaspere J. Matranga,petitioner, v. Argyle J. Mackey, Commissioner of Immigration andNaturalization, et al. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Second Circuit denied.
No. 665. W. L. Kami and Stella H. Kann, et al., petitioners, v.
Commissioner of Internal Revenue. Petition for writ of certiorari to
the United States Court of Appeals for the Third Circuit denied.
No. 669. The Monarch Machine Tool Company, petitioner, v. Na-
tional Labor Relations Board. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 670. Aerovox Corporation, petitioner, v. National Labor Rela-
tions Board. Petition for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied.
No. 672. Ivan N. Fraver, petitioner, v. The Studebaker Corpora-
tion. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied.
No. 708. Copper Tan, Inc., petitioner, v. Douglas Laboratories
Corp. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied.
No. 230. Mrs. Myrtis Trimble Pate Stout, petitioner, v. William
Mitchell Pate. Motion to dispense with printing record granted.
Petition for writ of certiorari to the Supreme Court of Georgia
denied. The Chief Justice took no part in the consideration or de-
cision of these applications.
MONDAY, MAY 17, 195 4 220
lSTo. 634. William Mitchell Pate, petitioner, v. Myrtis Trimble
Stout. Motion to dispense with printing record granted. Petition
for writ of certiorari to the Supreme Court of California denied.
The Chief Justice took no part in the consideration or decision of
these applications.
No. 648. Lester Brand and Mary Brand, petitioners, v. Commis-sioner of Internal Revenue. Motion to dispense with printing the
petition, brief, and record granted. Petition for writ of certiorari
to the United States Court of Appeals for the Sixth Circuit denied.
No. 117. Federal Communications Commission, appellant, v. Amer-ican Broadcasting Company, Inc.
;
No. 118. Federal Communications Commission, appellant, v. Na-tional Broadcasting Company, Inc. ; andNo. 119. Federal Communications Commission, appellant, v.
Columbia Broadcasting System, Inc. The motion of Francis EmmettWilliams for leave to intervene as amicus curiae and to file a petition
for rehearing is denied.
No. 563. Irma Hogan, petitioner, v. Lee J. Ricketts, Executor of
the Estate of Elizabeth Henschen, Deceased
;
No. 584. Theodore K. Nitterhouse, petitioner, v. United States of
America
;
No. 605. George Washington Pierce, petitioner, v. American Com-munications Company, Inc.;
No. 606. Interstate Motor Freight System, Inc., appellant, v. Otto
F. Messner, Secretary of the Department of Revenue of the Common-wealth of Pennsylvania, et al.
;
No. 615. Shirks Motor Express Corporation, appellant, v. Otto F.
Messner, Secretary of the Department of Revenue of the Common-wealth of Pennsylvania, et al. ; and
No. 627. William B. Collins, Individually and as Trustee for Jere-
miah F. Collins, et. al., petitioners, v. Ann O'Brien, et al. Petitions
for rehearing denied.
No. 401. Herbert Brownell, Jr., Attorney General of the United
States, as Successor to the Alien Property Custodian, petitioner, v.
Eugene T. Singer ; and
No. 402. The Superintendent of Banks of the State of New York,
etc., petitioner, v. Eugene T. Singer; and
No. 78, Misc. Edward E. Bartholomew, petitioner, v. State of Illi-
nois. Petitions for rehearing denied. The Chief Justice took no
part in the consideration or decision of these applications.
No. 397, Misc. Theodore W. Thomas, petitioner, v. People of the
State of California et al.
;
MONDAY, MAY 17, 19 54 221
No. 398, Misc. Edward Smith, petitioner, v. J. Ellis Overlade,
Warden
;
No. 447, Misc. William Vanderwyde, petitioner, v. Wilfred L.
Denno, Warden, Sing Sing Prison, Ossining, New York; andNo. 483, Misc. William T. Reed, petitioner, v. Commonwealth of
Kentucky. Petitions for rehearing denied.
No. 462, Misc. Alfred Dusseldorf,petitioner, v. Harley O. Teets,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 510, Misc. Alfonso Thomas, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied.
No. 518, Misc. Charles E. Williams, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 520, Misc. Ealph Bindrin, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 521, Misc. Freddie Nation, petitioner, v. People of the State of
California. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 524, Misc. Charles Clark, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigan
denied.
No. 535, Misc. Eleanor C. Moran, petitioner, v. Jesse Donaldson
et al. Petition for writ of certiorari to the United States Court of
Claims denied.
No. 536, Misc. Frank Mancini, petitioner, v. People of the State of
Michigan. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 540, Misc. Mike Marvich, petitioner, v. People of the State of
California. Petition for writ of certiorari to the District Court of
Appeal of California, Third Appellate District, denied.
No. 546, Misc. John Allen, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 549, Misc. Carter Caldwell, petitioner, v. William H. Barman,
Warden. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
MONDAY, MAY 17, 1954 222
No. 561, Misc. Oscar Bragg, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 539, Misc. David H. Johnson, petitioner, v. State of Utah.
Application denied.
No. 547, Misc. Clifford Daugharty, petitioner, v. Clarence T. Glad-
den, Warden. Motion for leave to file petition for writ of habeas
corpus denied.
Mr. Justice Jackson took no part in the consideration or decision
of the cases in which orders are this day announced.
The Court will take a recess from today until Monday, May 24,
from that day until Tuesday, June 1, and from that day until Monday,
June 7, upon which day it will adjourn for the term unless otherwise
ordered.
Adjourned until Monday, May 24, next, at 12 o'clock.
X
MONDAY, MAY 24, 1954 223
SUPREME COURT OE THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
Abraham Eotwein, of New York, N. Y., and John Morton Taylor,
of Sinton, Tex., on motion of Mr. Solicitor General Simon E. Sobeloff
;
Leo Freund, of Los Angeles, Calif., and Glendon Tremaine, of Los
Angeles, Calif., on motion of Mr. Stanley N. Barnes ; W. P. Z. German,
Jr., of Midland, Tex., William A. Miller, Jr., of Houston, Tex., andBill Daniel, of Liberty, Tex., on motion of Mr. Price Daniel ; Albert
M. Rains, of Gadsden, Ala., George Raiford Oliver, Jr., of Gadsden,
Ala., and Joseph T. Eddins, Jr., of Gadsden, Ala., on motion of Mr.
John Sparkman ; Walter Dworakowski, of Akron, Ohio, on motion of
Mr. Jackson E. Betts; Richard K. Burke, of Helena, Ark., on motion
of Mr. E. C. Gathings; Henry M. Britt, of Hot Springs, Ark., on
motion of Mr. Chauncey W. Reed ; Harold R. Spence, of Los Angeles,
Calif., on motion of Mr. James B. Utt ; Bernice M. Grieder, of Wichita
Falls, Tex., on motion of Mr. John E. Lyle, Jr. ; Fritz Klifton Knust,
of San Antonio, Tex., on motion of Mr. Paul J. Kilday; DavidLeonard Lomenick, Jr., of Rossville, Ga., on motion of Mr. Jas. C.
Davis; Charles M. Roberts, of Fort Myers, Fla., on motion of Mr.
Dwight L. Rogers;Guy J. D'Antonio, of New Orleans, La., on motion
of Mr. Hale Boggs ; Mike McKool, of Dallas, Tex., and Bertran T.
Bader, Jr., of Dallas, Tex., on motion of Mr. Elmore Wliitehurst;
James Montante, of Detroit, Mich., and Bert A. Gallegos, of Denver,
Colo., on motion of Mr. Will Shafroth; C. Richard Grieser, of Colum-
bus, Ohio, Louis H. Swartz, of New York, N. Y., and Ray Sandstrom,
of Lakeland, Fla., on motion of Mr. Robert L. Stern ; Robert Wendell
Hainsworth, of Houston, Tex., L. A. Wyatt, of Jackson, Miss., L.
Lamar Beacham, of Jackson, Miss., James Seaborn Dale, Jr., of Co-
lumbia, Miss., Dale Harbour McKibben, of Jackson, Miss., WoodrowSeals, of Houston, Tex., Charles A. Easterling, of Houston, Tex.,
Fred Much, of Houston, Tex., Wm. Alan Mudgett, of Houston, Tex.,
Young Frank Jungman, of Houston, Tex., and Robert Burns, of
Atlanta, Ga., on motion of Mr. Albert M. Kuhfeld; E. Wiley Barker,
of Kansas City, Mo., on motion of Mr. William Caverly;George W.
Carter, Jr., of San Antonio, Tex., on motion of Mr. Richard F. Ralph,
Jr. ; John Alexander, of Fairfax, Va., on motion of Mr. Edward D.
Gasson ; Frank McReynolds Wozencraft, of Houston, Tex., on motion
of Mr. Francis W. Wozencraft; Robert H. Law, Jr., of White Plains,
269533—54 65
MONDAY, MAY 24, 1954 224
N. Y., on motion of Mr. Frederick U. Reel; Jacob Goodman, of Chi-
cago, 111., on motion of Mr. James A. Murray; Horace N. Lombardi,of Philadelphia, Pa., and John M. McNally, Jr., of Philadelphia, Pa.,
on motion of Mr. John Martin Doyle; Harold Appleby Kennedy, of
Arlington, Va., on motion of Mr. Alexander Akerman; Edgar W.Driver, of Washington, D. C, on motion of Mr. Russell Chapin;
Norman B. Gillis, Jr., of McComb, Miss., on motion of Mr. James W.Cassdey, Jr. ; Luther Weston Gregory, of Baltimore, Md., on motion
of Mr, Gordon S. Parker; Leo C. Krazinski, of New York, N. Y., onmotion of Mr. Thomas J. MacKavanagh; Davis W. Morton, Jr., of
Washington, D. C, on motion of Mr. Robert B. Ross; Howard A.Patrick, of Long Beach, Calif., on motion of Mr. Francis X. Driscoll
;
Kenneth David Thomas, of Hickory, N. C, on motion of Mr. Joseph
E. McAndrews ; Walter S. Forsyth, of Rochester, N. Y., on motion of
Mr. Clayton Lee Burwell;Kitty Blair Frank, of Washington, D. C,
on motion of Mr. Robert B. Frank ; John D. Rode, of New York, N. Y.,
on motion of Mr. John R. Benney ; Warren Emerson Blair, of Cleve-
land, Ohio, on motion of Mr. Martin J. Meenehan ; Stuart W. Conner,
of Billings, Mont., on motion of Miss Alida Smith; John Russell
Carroll, of Algona, Iowa, on motion of Mr. Vernon C. Kohlhaas;
Aram A. Arabian, of Cranston, R. L, and Joseph Mainelli, of Provi-
dence, R. L, on motion of Mr. Benjamin Feld; Walter R. Rouse,
of Omaha, Nebr., and James H. Anderson, of Omaha, Nebr., on
motion of Mr. Lawrence H. Cake; George Paige Ferebee, of NewYork, N. Y., on motion of Mr. Conder C. Henry ; Edward D. Sim-
sarian, of New York, N. Y., on motion of Mr. Casper ShepardMcClelland; Donald G. Benn, of Falls Church, Va., on motion of
Mr. William Robert Senter, Jr.; Frank D. MacDowell, of Los
Angeles, Calif., on motion of Mr. John J. Carmody ; Robert E. Coll,
of Atlanta, Ga., on motion of Mr. William H. Timbers; J. WarrenKenney, Jr., of Cincinnati, Ohio, on motion of Mr. James M. Earnest;
John Wm. Cummins, of Wheeling, W. Va., on motion of Mr. Philip
R. Collins; Joseph S. Hertogs, of San Francisco, Calif., on motion
of Mr. David Carliner ; James Kieran Foley, of Washington, D. C,on motion of Mr. Reid C. Tait ; Charles Blakey Blackmar, of Kansas
City, Mo., on motion of Mr. Albert L. Reeves, Jr.; Robert Wallace
McMillan, of Washington, D. C, on motion of Mr. Godfrey L. Munter
;
S. Stuart Wilson, of Alexandria, Va., on motion of Mr. SamuelLebowitz; John A. Pettis, Jr., of Berkeley, Calif., on motion of
Mr. Alan A. Lindsay; Jerome L. Yesko, of Paterson, N. J., onmotion of Mr. Nathan M. Lubar
;Stanley Cornelius Simon, of Mem-
phis, Tenn., on motion of Mr. William M. Burkhalter; Richard
Thomas Burress, of Washington, D. C, on motion of Mr. JamesI. Dolliver; Robert E. Fischer, of Binghamton, N. Y., on motion
MONDAY, MAY 2 4, 1954 225
of Mr. Eobert W. Minor; Nicholas M. Pette, of Kew Gardens, N. Y.,
Charles Anthony Loreto, of New York, N. Y., Thomas S. Agresta,
of Maspeth, N. Y., Peter Belsito, of Flushing Manor, N. Y., Ste-
phen E. Burgio, of Astoria, N. Y., Frank Cacciatore, of LongIsland City, N. Y., Joseph S. Calabretta, of Long Island City,
N. Y., Albert F. Candia, of Long Island City, N. Y., Dante R. Cappa,of Elmhurst, N. Y., Philip J. Chetta, of Corona, N. Y., Frank L.
Corrado, of Jackson Heights, N. Y., Joseph J. Crisa, of Long Island
City, N. Y., Vincent J. Cuti, of Jackson Heights, N. Y., D. DonaldD'Amato, of Bayside, 1ST. Y., Charles Digangi, of New York, N. Y.,
Andrew J. Di Paola, of Long Island City, N. Y., William P. Donnino,
of Richmond Hills, N. Y., N. Anthony Equale, of Bellerose, N. Y.,
Joseph F. Farlo, of New York, N. Y., Angelo M. Ferri, of LongIsland City, N. Y, Edward Filardi, of Flushing, N. Y., Daniel
A. Fuccello, of Jackson Heights, N. Y., Sylvester Joseph Garamella,
of New York, N. Y., William G. Giaccio, of Corona, N. Y., JamesG. Giordano, of Kew Gardens, N. Y., Henry J. Grassotti, of Flush-
ing, N. Y., Frank J. Guarino, of Flushing, N. Y., F. William Guma,Jr., of Flushing, N. Y., Vincent Liggio, of Jackson Heights, N. Y.,
Henry A. Maccaro, of Merrick, N. Y., Vincent S. Martenelli, of NewYork, N. Y., Joseph Modugno, of Whitestone, N. Y., Lawrence C.
Mule, of Glendale, N. Y., George Napolino, of Flushing, N. Y.,,
Frank J. Neglia, of New York, N. Y., Vincent J. Paterno, of
Jamaica, N. Y., Thomas J. Peragine, of Jamaica Estates, N. Y.,
Joseph J. Perrini, of Queens Village, N. Y., Vincent L. Pitaro, of
Flushing, N. Y., Joseph J. Previte, of Jackson Heights, N. Y.,
Michael Ruggiero, of Corona, N. Y., Rocco J. Scalone, of Jamaica
Estates, N. Y., Natale C. Tedone, of New Hyde Park, N. Y., Joseph
J. Traficanti, of Floral Park, N. Y., John G. Trapani, of Uniondale,
N. Y., Sigismund J. Trapani, of Brooklyn, N. Y., and Charles J.
Vallone, of New York, N. Y., on motion of Mr. John F. Scileppi,
were admitted to practice.
No. 450. Arthur P. Allen, Chairman, Twelfth Region Wage Stabi-
lization Board, et al., appellants, v. Grand Central Aircraft Co., a
California Corporation. Appeal from the United States District
Court for the Northern District of California. Judgment reversed
and cause remanded to the District Court for proceedings in con-
formity with the opinion of this Court. Opinion by Mr. Justice
Burton.
No. 407. Robert Norbert Galvan, petitioner, v. U. L. Press, Officer
in Charge, Immigration and Naturalization Service, etc. On writ of
certiorari to the United States Court of Appeals for the Ninth Cir-
cuit. Judgment affirmed and case remanded to the United States Dis-
MONDAY, MAY 24, 1954 226
trict Court for the Southern District of California. Opinion by Mr.Justice Frankfurter. Mr. Justice Keed concurs in the judgment of
the Court and in the opinion as written, except as to the deductions
drawn from Senator McCarran's citation of Colyer v. Skeffington, 265
F. 17, 72. Dissenting opinion by Mr. Justice Black in which Mr.Justice Douglas concurs. Dissenting opinion by Mr. Justice Douglasin which Mr. Justice Black concurs.
The Chief Justice said:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 9. State of Florida ex rel. Virgil D. Hawkins, et al., petitioners,
v. Board of Control of Florida, etc., et al. On petition for writ of
certiorari to the Supreme Court of Florida
;
No. 85. James W. Muir, petitioner, v. Louisville Park Theatrical
Association. On petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit ; andNo. 595. Alexander P. Tureaud, Jr., a Minor, by Alexander P.
Tureaud, Sr., his Father and Next Friend, petitioner, v. Board of
Supervisors of Louisiana State University and Agricultural andMechanical College, et al. On petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit. Per Curiam:
The petitions for writs of certiorari are granted. The judgments are
vacated and the cases are remanded for consideration in the light of
the Segregation Cases decided May 17, 1954, Brown v. Board of Edu-cation, etc., and conditions that now prevail.
No. 655. William Turner and Mary Turner, appellants, v. People
of the State of California. Appeal from the Superior Court of Cali-
fornia, Appellate Department, County of Los Angeles. Per Curiam:
The appeal is dismissed for the want of a substantial federal question.
Mr. Justice Black and Mr. Justice Reed are of the opinion probable
jurisdiction should be noted.
No. 666. State of Ohio ex rel. George S. Hawke, appellant, v. TedW. Brown, as Secretary of State of Ohio, and as Chief Election Officer
of Ohio. Appeal from the United States District Court for the
Southern District of Ohio. Per Curiam: The motion to affirm is
granted and the judgment is affirmed.
No. — . Anthony Pino, petitioner, v. Henry Nicolls, District Direc-
tor, Immigration and Naturalization Service, etc. The application
MONDAY, MAY 2 4, 1954 227
for bail, referred to the Court by Mr. Justice Frankfurter, is dis-
missed for the reason that the question is moot, petitioner having
been admitted to bail.
No. 729. United States of America, appellant, v. International
Boxing Club of New York. Inc., et al. Appeal from the United
States District Court for the Southern District of New York. In
this case probable jurisdiction is noted.
No. 641. United States of America, petitioner, v. Michael P. Acri
et al. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit granted and case transferred to the
summary docket.
No. 642. United States of America, petitioner, v. The Liverpool
and London and Globe Insurance Company, Limited, et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit granted and case transferred to the summary docket.
No. 643. United States of America, petitioner, v. E. P. Scovil, DanTassey, Inc., et al. Petition for writ of certiorari to the Supreme
Court of South Carolina granted and case transferred to the sum-
mary docket.
No. '3. Oscar Holcombe, Mayor of the City of Houston, et al.. peti-
tioners, v. A. W. Beal et al. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 156. Wichita Falls Junior College District et al., petitioners,
v. Willie Faye Battle et al. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 583. Housing Authority of the City and County of San Fran-
cisco, a Public Corporation, et al., petitioners, v. Mattie Banks et al.,
etc. Petition for writ of certiorari to the District Court of Appealof California, First Appellate District, denied.
No. 662. Joseph John Sanzo, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 667. Morris V. Benatar and Benatars (a Corporation), peti-
tioners, v. United States of America. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 671. Isaac Mitchell, petitioner, v. State of Indiana. Petition
for writ of certiorari to the Supreme Court of Indiana denied.
No. 675. State of Florida ex rel. R. F. Shropshire, petitioner, v.
Nathan Mayo, as Commissioner of Agriculture of the State of Florida
269533—54 66
MONDAY, MAY 24, 1954 228
and Custodian of State Prisoners. Petition for writ of certiorari to
the Supreme Court of Florida denied.
No. 676. Glenn Acord, and Chicago, Rock Island and Pacific Rail-
road Company, a Corporation, petitioners, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 678. Puritan Church—The Church of America, and Puritan
Church Building Fund, petitioners, v. Commissioner of Internal Rev-
enue. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 682. Averille L. Porter, petitioner, v. General Electric Com-pany, a Corporation. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 683. Southern Silk Mills, Inc., petitioner, v. National LaborRelations Board. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 684. The L. B. Hosiery Company, Incorporated, and Lee
Maisel, Doing Business as Myerstown Hosiery Mills, petitioners, v.
National Labor Relations Board. Petition for writ of certiorari to
the United States Court of Appeals for the Third Circuit denied.
No. 693. Loew's Incorporated and Twentieth Century-Fox Film
Corporation, petitioners, v. Cinema Amusements, Inc. ; and
No. 694. RKO Radio Pictures, Inc., petitioner, v. Cinema Amuse-
ments, Inc. Petitions for writs of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 715. Palmer Shipping Corporation, petitioner, v. William C.
Luth. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied.
No. 668. Giacomo Quattrone, petitioner, v. Henry Nicolls, District
Director of Immigration and Naturalization. Petition for writ of
certiorari to the United States Court of Appeals for the First Circuit
denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion
certiorari should be granted.
No. 24. St. Joe Paper Co., Jessie Ball duPont, Elbert Dent, et al.,
petitioners, v. The Atlantic Coast Line Railroad Co.
;
No. 33. S. A. Lynch, S. A. Lynch Corporation, et al., petitioners, v.
The Atlantic Coast Line Railroad Company
;
No. 36. J. Bryson Aird and Bank of the Manhattan Company,
Successor Mortgage Trustees, petitioners, v. The Atlantic Coast Line
Railroad Company ; and
No. 37. W. G. Welbon, E. N. Claughton, and A. W. Corbett, peti-
tioners, v. The Atlantic Coast Line Railroad Company. Petitions for
MONDAY, MAY 24, 1954 229
rehearing denied. Mr. Justice Black, Mr. Justice Jackson, and Mr.Justice Clark took no part in the consideration or decision of these
applications. Memorandum filed by Mr. Justice Douglas.
No. 677. W. H. Wilson, Executor of the Estate of Birdine Fletcher,
Deceased, and Sisters of St. Francis, a Corporation, petitioners, v.
A. J. Simler. Petition for rehearing denied. Motion to stay pro-
ceedings also denied.
No. 613. O. L. Shannon, petitioner, v. United States of America;Wo. 623. Ferroline Corporation, petitioner, v. General Aniline and
Film Corporation
;
Wo. 353, Misc. Frank Severa, petitioner, v. Commonwealth of
Pennsylvania;
Wo. 378, Misc. Frank Severa, petitioner, v. Fred Malpass, ParoleOfficer;
Wo. 402, Misc. Edward Powell, petitioner, v. United States of
America; andWo. 470, Misc. John Palakiko and James Edward Majors, peti-
tioners, v. Joe C. Harper, Warden of Oahu Prison. Petitions for
rehearing denied.
Wo. 303, Misc. John E. Hinderhan, petitioner, v. Eoss V. Randolph,Warden. Petition for writ of certiorari to the Circuit Court of Ran-dolph County, Illinois, denied.
Wo. 349, Misc. James W. Stidham, petitioner, v. Ralph W. Eidson,
Warden. Petition for writ of certiorari to the Supreme Court of
Missouri denied.
Wo. 522, Misc. Ella S. Ledbetter, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied.
Wo. 529, Misc. Reynolds Rousseau, petitioner, v. H. E. Moore,
Warden. Petition for writ of certiorari to the Court of Criminal
Appeals of Texas denied.
Wo. 531, Misc. Carl William Burkholder, petitioner, v. United
States Maritime Commission et al. Petition for writ of certiorari
to the United States Court of Claims denied.
Wo. 533, Misc. Ollie C. Wiles, petitioner, v. State of Washington.
Petition for writ of certiorari to the Supreme Court of Washington
denied.
Wo. 537, Misc. Julius Anthony Petro, petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
MONDAY, MAY 2 4, 1954 230
No. 543, Misc. Charles Junior Moore, petitioner, v. State of Okla-homa. Petition for writ of certiorari to the Criminal Court of Ap-peals of Oklahoma denied.
No. 550, Misc. Clarence Gehring, petitioner, v. William H. Barman,Warden. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 551, Misc. Clarence Tucker, petitioner, v. State of Indiana.
Petition for writ of certiorari to the Supreme Court of Indiana
denied.
No. 553, Misc. Johnson Moore, petitioner, v. Eobert A. Heinze,
Warden, et al. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 555, Misc. R. L. Harding, petitioner, v. P. V. Cavanaugh et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 557, Misc. Ronald Harris, petitioner, v. State of Maryland.
Petition for writ of certiorari to the Court of Appeals of Marylanddenied.
No. 560, Misc. James Fisher, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Circuit Court of Will
County, Illinois, denied.
No. 563, Misc. Willis Mullins, petitioner, v. John R. Cranor, Supt.
Petition for writ of certiorari to the Supreme Court of Washington
denied.
No. 564, Misc. Edward F. Thomas, petitioner, v. People of the
State of Illinois. Petition for writ of certiorari to the SupremeCourt of Illinois denied.
No. 566, Misc. Commodore Perry Sam, petitioner, v. John R.
Cranor, Supt. Petition for writ of certiorari to the Supreme Court
of Washington denied.
No. 567, Misc. Paul Schilaci, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 571, Misc. Sam McGee, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 572, Misc. Lester Lavern Richter, petitioner, v. Edwin Swen-son, Warden. Petition for writ of certiorari to the Supreme Court
of Minnesota denied.
No. 576, Misc. John Karafa, petitioner, v. State of New Jersey.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
MONDAY, MAY 24, 1954 231
No. 591, Misc. Charles Edward Estep, petitioner, v. Orel J. Skeen,
Warden. Petition for writ of certiorari to the Supreme Court of
Appeals of West Virginia denied.
No. 597, Misc. Printis Edwards, petitioner, v. Hon. Luther M.Swygert, Judge, etc., et al. Petition for writ of certiorari to the
United States Court of Appeals for the Seventh Circuit denied.
No. 410, Misc. Edward H. Bolesta, petitioner, v. Paul J. Madigan,
Warden, et al. Motion for leave to file petition for writ of mandamusdenied.
No. 552, Misc. Eichard C. Brandon, petitioner, v. State of Cali-
fornia. Application denied.
No. 569, Misc. David Tierson Graham, petitioner, v. State of NewJersey. Motion for leave to file petition for writ of habeas corpus
denied.
Mr. Justice Jackson took no part in the consideration or decision
of cases in which orders are this day announced.
Adjourned until Tuesday, June 1, next, at 12 o'clock.
X
TUESDAY, JUNE 1, 1954 232
SUPREME COURT OF THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice
Reed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice
Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice
Minton.
Herman L. Brutten, of Brooklyn, N. Y., Charles A. MeNelis, of
Jersey City, N. J., Henry H. Arrington, of Tampa, Fla., James R.
Hoyman, of Indianola, Iowa, Morris B. Chapman, of Granite City,
111., and Max J. LeBoyer, of New York, N. Y., on motion of Mr.Solicitor General Simon E. Sobeloff; Wayne B. Miller, of Peoria,
111., on motion of Mr. Everett McKinley Dirksen; Franklin T. Bald-
win, of Houston, Tex., on motion of Mr. Price Daniel; John M.McCormick, of Winter Park, Fla., Nelson M. Harris, Jr., of Jack-
sonville, Fla., and Francis W. Blankner, of Orlando, Fla., on motion
of Mr. George A. Smathers; John A. Storey, of Vernon, Tex., on
motion of Mr. Frank Ikard; Richard S. Farr, of Denver, Colo., on
motion of Mr. Byron G. Rogers; Simon S. Panush, of New York,
N. Y., on motion of Mr. Isidore Dollinger ; Michael J. Bartholomew,
of Memphis, Mich., on motion of Mr. Jesse P. Wolcott; Melvin L.
Kodas, of Kansas City, Mo., on motion of Mr. Errett P. Scrivner;
Richard B. McCulloch, Jr., of Forrest City, Ark., on motion of Mr.
E. C. Gathings; John Reardon Heath, of Chicago, 111., on motion of
Mr. Henry P. Chandler; James Bernie Lewis, of Ava, Mo., on motion
of Mr. James P. Kem ; John Patrick McNerney, of Des Moines, Iowa,
on motion of Mr. Elmore Whitehurst ; Lee A. Worrell, of Providence,
R. I., on motion of Mr. Frederick Bernays Wiener; Benjamin E.
Buente, of Evansville, Ind., on motion of Mr. Posey T. Kime; MaxM. Smith, of Rison, Ark., on motion of Mr. Edwin D. Dupree, Jr.
;
Robert B. Krupansky, of Cleveland, Ohio, on motion of Mr. Charles
A. Webb; Henry P. Trawick, Jr., of Lakeland, Fla., Joseph A. Per-
kins, of Miami, Fla., and Jeptha P. Marchant, of Miami, Fla., on
motion of Mr. James R. Golden ; Roland C. Davis, of San Francisco,
Calif., and S. G. Lippman, of Chicago, 111., on motion of Mr.
Abraham J. Harris; William Arthur Lamkin, Jr., of Brandenberg,
Ky., on motion of Mr. Neville Miller; Lewis W. Zoller, of Orlando,
Fla., Finley M. Hamilton, of Orlando, Fla., William H. Beardall, of
Orlando, Fla., Hubert A. Aultmatt, of Perry, Ga., John ReneHawkins, of Macon, Ga., Robert Eugene Lanyon, of Fort Valley,
Ga., John H. Murphy, of Washington, D. C, Will H. Carroll, of
Washington, D. C, Durward B. Mercer, of Macon, Ga., and269533—54 67
TUESDAY, JUNE 1, 1954 233
Willoughby T. Cox, Jr., of Orlando, Fla., on motion of Mr. EeginaldCarl Harmon; Thomas Tomokazu Kawahara, of Waimea, T. H., onmotion of Mr. Eugenio M. Fonbuena; Edward J. McAnaney, of
Yonkers, N. Y., on motion of Mr. David Peterman; Irving Wilner,of Washington, D. C, on motion of Mr. Keith L. Seegmiller;
Ealph W. Totman, of Alstead, N. H., on motion of Mr. WilliamH. Ward, Jr.; John R. Duree, of Mapleton, Iowa, on motion of
Mr. Chester W. Wilson ; James R. Zuckerman, of Detroit, Mich., onmotion of Mr. Morton P. Fisher; Gilbert Chester Jacobus, of Arling-
ton, Va., on motion of Mr. George MacClain; Harold Biesemeier,
of Daytona Beach, Fla., on motion of Mr. George M. Lhamon ; MartinR. Fain, of Washington, D. C, on motion of Mr. Thomas Searing
Jackson ; Brainard H. Warner III, of Washington, D. C, and Ber-
nard Rowitz, of Washington, D. C, on motion of Mr. William F.
Fadler, Jr. ; Donald P. Hertzog, of Washington, D. C, on motion of
Mr. Edmund C. Grainger, Jr.; Francis J. Racioppi, of Washington,
D. C, on motion of Mr. Hollie L'. Mason; Arthur J. Swanick, of
Washington, D. C, and Edward F. Streit, of Aurora, 111., on motion
of Mr. James M. Barnes; Howard J. Whelan, of Baltimore, Md.,
Robert R. Cohen, of Baltimore, Md., Stanley Paul, of Baltimore,
Md., and Abraham Levin, of Baltimore, Md., on motion of Mr. SymoneS. Spector; James Conforti, Jr., of New York, N. Y., on motion of
Mr. Daniel J. Hanlon; Leo D. Epstein, of Los Angeles, Calif., on
motion of Mr. Randolph E. Paul ; Bernard P. Platshon, of Washing-
ton, D. C, on motion of Mr. Joseph John Urciolo ; C. Dean Reasoner,
of Washington, D. C, and E. Elwood Davis, of Washington, D. C,on motion of Mr. Smith Wildman Brookhart, Jr.; Dorothea M. B.
Vermorel, of Miami, Fla., on motion of Miss Mary Frances Glenn;
Marcus Whiting, of Winnetka, 111., on motion of Mr. Frank Joseph
Delany ; Marvin J. Bloch, of New York, N. Y., on motion of Mr. HenryF. Butler; Le Roy H. Katz, of Bluefield, W. Va., on motion of Mr.
Herbert J. Jacobi; Arthur Rogers Ivey, of Greenwich, Conn., and
Robert E. Nickerson, of Greenwich, Conn., on motion of Mr. Philip
Marcus ; and William H. Phipps, Jr., of Darien, Conn., on motion of
Mr. Leonard Raum, were admitted to practice.
No. 476. Braniff Airways, Incorporated, appellant, v. Nebraska
State Board of Equalization and Assessment et al. Appeal from the
Supreme Court of the State of Nebraska. Judgment affirmed with
costs. Opinion by Mr. Justice Reed. Mr. Justice Black concurs in
the result. Mr. Justice Jackson dissents for the reasons stated in his
concurring opinion in Northwest Airlines v. Minnesota, 322 U. S. 292.
Concurring opinion by Mr. Justice Douglas. Dissenting opinion byMr. Justice Frankfurter.
TUESDAY, JUNE 1, 1954 234
No. 635. Camilo Weston Leyra, petitioner, v. Wilfred L. Denno,Warden of Sing Sing Prison, Ossining, New York. On writ of
certiorari to the United States Court of Appeals for the SecondCircuit. Judgment of Court of Appeals reversed with costs and case
remanded to the United States District Court for the Southern Dis-
trict of New York for proceedings in conformity with the opinion of
this Court. Opinion by Mr. Justice Black. Dissenting opinion byMr. Justice Minton in which Mr. Justice Reed and Mr. Justice Burtonjoin. Mr. Justice Jackson took no part in the consideration or
decision of this case.
No. 531. Sonia Herrup Alton, petitioner, v. David Elie Alton. Onwrit of certiorari to the United States Court of Appeals for the ThirdCircuit. Judgment of the Court of Appeals vacated without costs
and case remanded to the District Court of the Virgin Islands, Divi-
sion of St. Thomas and St. John, with directions to vacate its judg-
ment and to dismiss the proceeding upon the ground that the cause is
moot. Opinion per curiam announced by Mr. Chief Justice Warren.Dissenting : Mr. Justice Black. Mr. Justice Douglas and Mr. Justice
Jackson took no part in the consideration or decision of this case.
The Chief Justice said
:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 471. Famous Rogers, petitioner, v. United States Lines. Onpetition for writ of certiorari to the United States Court of Appeals
for the Third Circuit. Per Curiam: The petition for writ of cer-
tiorari is granted and the judgment is reversed. Mr. Justice Frank-
furter, Mr. Justice Jackson, and Mr. Justice Burton, adhering to the
views expressed in their dissent in No. 287, Alaska Steamship Co. v.
Petterson, 347 U. S. 396, dissent.
No. 685. Luckenbach Steamship Company, Inc., appellant, v.
United States of America, Interstate Commerce Commission, Is-
brandtsen Company, Inc., et al. Appeal from the United States Dis-
trict Court for the Southern District of New York. Per Curiam:
The motion to affirm is granted and judgment is affirmed.
No. 714. Geo. F. Alger Company of Detroit, Mich., a Michigan
Corporation, et al., appellants, v. John W. Peck, Formerly Tax Com-missioner, Department of Taxation, State of Ohio, et al. Appeal
from the United States District Court for the Southern District of
Ohio. Per Curiam: The motion to affirm is granted and the judgment
is affirmed. Mr. Justice Douglas is of the opinion probable jurisdic-
tion should be noted and the case set for argument.
TUESDAY, JUNE 1, 195 4 235
No. 741. Charles Beyerbach, as a Stockholder of Juno Oil Co., a
Nevada Corporation, appellant, v. Juno Oil Co., Maurice Hendersonand Violet V. Carpenter, as Administratrix of the Estate of Scott
Carpenter, Deceased. Appeal from the Supreme Court of California.
Per Curiam: The motion to dismiss is granted and the appeal is
dismissed for the want of a substantial federal question.
— In the Matter of Roscoe B. Stephenson. The request by RoscoeB. Stephenson, of Covington, Virginia, that his name be removedfrom the roll of attorneys admitted to practice in this Court is grantedand it is ordered that his name be stricken from the roll of attorneys
admitted to practice in this Court.
No. 692. Premier Oil Refining Company of Texas, petitioner, v.
United States of America. The petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit is granted lim-
ited to the question presented by the petition for the writ which reads
as follows:
"Where a deficiency in excess profits tax, based on the income andcredits as shown in the taxpayer's return, would have existed except
for the subsequent application of Section 722 of the Internal Revenue
Code, is the taxpayer liable for interest on the amount of such de-
ficiency (hereinafter called the 'potential deficiency') which would
have existed had it not been extinguished by the application of Sec-
tion 722?"
The case is transferred to the summary docket and assigned for argu-
ment immediately following No. 609.
No. 10, Original. State of Arizona, plaintiff, v. State of California
et al. The motion of the State of Nevada for leave to intervene is
granted. The Chief Justice took no part in the consideration or de-
cision of this motion.
No. 10, Original. State of Arizona, plaintiff, v. State of California
et al.
It is ordered that George I. Haight, Esquire, of Chicago, Illinois,
be, and he is hereby, appointed special master in this cause, with au-
thority to summon witnesses, issue subpoenas, and take such evidence
as may be introduced and such as he may deem it necessary to call for.
The master is directed to find the facts specially and state separately
his conclusions of law thereon, and to submit the same to this Court
with all convenient speed, together with a draft of the decree recom-
mended by him. The findings, conclusions, and recommended decree
of the master shall be subject to consideration, revision, or approval
TUESDAY, JUNE 1, 1954 236
by the Court. The master shall be allowed his actual expenses and a
reasonable compensation for his services to be fixed hereafter by the
Court. The allowances to him, the compensation paid to his steno-
graphic and clerical assistants, and the cost of printing his report
shall be charged against and be borne by the parties in such propor-
tion as the Court hereafter may direct. If the appointment herein
made of a master is not accepted, or if the place becomes vacant during
the recess of the Court, the Senior Associate Justice shall have au-
thority to make a new designation which shall have the same effect as
if originally made by the Court herein.
The Chief Justice took no part in the consideration or decision of
this order.
No. 628. H. Mark Solomon, Administrator d. b. n. c. t. a. of the
Estate of Caroline L. Pleibe], Deceased, petitioner, v. Mary H. S.
Beatty, also known as Mrs, George Myers and also known as Mrs.
George H. S. M}rers. Petition for writ of certiorari to the SupremeCourt of Florida denied.
No. 674. Ng Yip Yee, petitioner, v. Bruce G. Barber, District Di-
rector, Immigration and Naturalization Service, San Francisco,
California. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 679. Charles A. Williams, petitioner, v. George H. Kyger and
Marie Kyger. Petition for writ of certiorari to the Supreme Court of
Ohio denied.
No. 680. Jack H. Stacy and Alvin Wolff, petitioners, v. David
Greenberg and Charles Meltzer. Petition for writ of certiorari to
the Supreme Court of New Jersey denied.
No. 686. West Coast Exploration Company, petitioner, v. Douglas
McKay, as Secretary of the Interior. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 687. Seven-Up Washington, Inc., a Corporation, the Dr. Pep-
per Bottling Co., of Washington, D. C, Inc., a Corporation, et al.,
petitioners, v. District of Columbia. Petition for writ of certiorari to
the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 688. Raymond O'Keefe, Antonio Romeo, et al., petitioners, v.
People of the State of New York Petition for writ of certiorari to
the County Court of Broome County of New York denied.
No. 689. Fort Pitt Brewing Company, petitioner, v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
269533—54 6S
TUESDAY, JUNE 1, 1954 237
No. 698, Carl A. Hillgren, petitioner, v. Kwikset Locks, Inc.,
Adolph Schoepe and Karl Reinhard. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 705. Switchmen's Union of North America, an Unincorpo-rated Labor Union, et al., petitioners, v. The Ogden Union Railwayand Depot Company, a Corporation, et al. Petition for writ of
certiorari to the United States Court of Appeals for the Tenth Cir-
cuit denied.
No. 759. United Supply & Manufacturing Company of Delaware,
petitioner, v. Tucker, Bronson and Martin. Petition for writ of cer-
tiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 700. Japan-Atlantic and Gulf Conference, et al., petitioners, u.
United States of America, Federal Maritime Board, et al. ; andNo. 703. Federal Maritime Board, petitioner, v. LTnited States of
America and Isbrandtsen Company, Inc. The motion for leave to file
brief of Pacific Westbound Conference as amicus curiae is denied.
Petitions for writs of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 727. Katherine Shellhammer, General Administratrix of the
Estate of Walter R. Shellhammer, Deceased, petitioner, v. Lehigh
Valley Railroad Company, a Corporation. Petition for writ of cer-
tiorari to the Supreme Court of New Jersey denied. Mr. Justice
Black and Mr. Justice Douglas are of the opinion certiorari should
be granted.
No. 728. Elizabeth Xowinski, petitioner, v. Randall H. Hagner
and Company. The motion to dispense with printing the record is
granted. Petition for writ of certiorari to the United States Court of
Appeals for the District of Columbia Circuit denied.
No. 287. Alaska Steamship Company, Inc., petitioner, v. John 1
».
Petterson
;
No. 557. John J. Linehan, as President of Local 1346 of the Inter-
national Longshoremen's Association et al., appellants, v. Waterfront
Commission of New York Harbor et al.
;
No. 558. Staten Island Loaders, Inc., et al., appellants, v. Wafer-
front Commission of New York Harbor et al. ; and
No. 592. Henry R. Witte, petitioner, v. The State of New Jersey.
Petitions for rehearing denied.
No. 194, Misc. Robert Lee Braden, petitioner, v. State of Missouri.
Petition for writ of certiorari to the Circuit Court of Cole County,
Missouri, denied.
TUESDAY, JUNE 1, 1954 238
No. 527, Misc. Kobert Connelly, petitioner, v. Joseph E. Eagen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 530, Misc. Tom A. Gordy, petitioner, v. State of Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 532, Misc. Richard Henry Mitman, petitioner, v. People of the
State of California. Petition for writ of certiorari to the District
Court of Appeal of California, Fourth Appellate District, denied.
No. 538, Misc. Lee Siglar, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 548, Misc. Milley Willey Aings, petitioner, v. Ealph N. Eidson,
Warden. Petition for writ of certiorari to the Supreme Court of
Missouri denied.
No. 554, Misc. Samuel Wright, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 556, Misc. Eli Lear, petitioner, v. State of New Jersey et al.
Petition for writ of certiorari to the Supreme Court of New Jersey
denied.
No. 558, Misc. Eay Schrader, alias Eaymond Schrader, petitioner,
v. People of the State of Illinois. Petition for writ of certiorari to
the Supreme Court of Illinois denied.
No. 559, Misc. Woodrow Nor Woods, petitioner, v. Harley O. Teets,
Warden, et al. Petition for writ of certiorari to the Supreme Court
of California denied.
No. 562, Misc. Edward McKenna, petitioner, v. State of Nebraska.
Petition for writ of certiorari to the Supreme Court of Nebraska
denied.
No. 565, Misc. Orion Nathaniel Johnson, petitioner, v. NathanMayo, Prison Custodian. Petition for writ of certiorari to the
Supreme Court of Florida denied.
No. 568, Misc. Charles Williams, petitioner, v. Joseph E. Eagen,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 570, Misc. John Winkler, petitioner, v. Dr. John W. Claudy,
Warden. Petition for writ of certiorari to the Supreme Court of
Pennsylvania, Western District, denied.
No. 574, Misc. John W. Hobson, petitioner, v. John E. Cranor,
Superintendent. Petition for writ of certiorari to the Supreme Court
of Washington denied.
TUESDAY, JUNE 1, 1954 239
No. 578, Misc. Erby Lee Nicholson, petitioner, v. People of the
State of California. Petition for writ of certiorari to the SupremeCourt of California denied.
No. 579, Misc. John Dunlap, petitioner, v. State of Texas. Peti-
tion for writ of certiorari to the Court of Criminal Appeals of Texasdenied.
No. 580, Misc. Frank Ciraolo, petitioner, v. Commonwealth of
Pennsylvania et al. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 581, Misc. Joseph W. Cress, petitioner, v. John R. Cranor,
Superintendent. Petition for writ of certiorari to the Supreme Court
of Washington denied.
No. 583, Misc. George Adam Tokarchik, petitioner, v. Dr. JohnW. Claudy, Warden. Petition for writ of certiorari to the SupremeCourt of Pennsylvania, Western District, denied.
No. 584, Misc. Walter Stubbs, petitioner, v. William H. Bannan,
Warden. Petition for writ of certiorari to the Supreme Court of
Michigan denied.
No. 585, Misc. Wayman Brookman, petitioner, v. Joseph R. Bla-
lock, Supt., Southwestern State Hospital, Marion, Va. Petition for
writ of certiorari to the Supreme Court of Appeals of Virginia denied.
No. 587, Misc. John Woods, petitioner, v. The People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 588, Misc. Ralph Hickox, petitioner, v. The People of the
State of Illinois. Petition for writ of certiorari to the Supreme Court
of Illinois denied.
No. 590, Misc. James Colburne Howard, petitioner, v. Dr. John
W. Claudy, Warden. Petition for writ of certiorari to the Supreme
Court of Pennsylvania, Western District, denied.
No. 593, Misc. Ray Schrader, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 595, Misc. Earnest Connors, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 596, Misc. William B. Neal, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Criminal CoUrt of
Cook County, Illinois, denied.
No. 598, Misc. Reuben B. Weitz, petitioner, v. People of the State
of California. Petition for writ of certiorari to the Supreme Court of
California denied.
TUESDAY, JUNE 1, 1954 240
No. 599, Misc. John Andrew Taylor, petitioner, v. People of the
State of New York. Petition for writ of certiorari to the Court of
Appeals of New York denied.
No. 600, Misc. Sam Hicks, Jr., petitioner, v. Illinois State Author-ities et al. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 601, Misc. Earl Jackson, petitioner, v. Joseph E. Bagen,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 603, Misc. William Pikes, petitioner, v. State of Michigan.
Petition for writ of certiorari to the Supreme Court of Michigan
denied.
No. 604, Misc. Walter Furmanski, petitioner, v. People of the State
of Michigan. Petition for writ of certiorari to the Supreme Court
of Michigan denied.
No. 605, Misc. Norman Dunbar, petitioner, v. John R. Cranor,
Superintendent. Petition for writ of certiorari to the Supreme Court
of Washington denied.
No. 534, Misc. William E. Howell, petitioner, v. Hon. John W.Delehant, U. S. District Judge, et al. Motion for leave to file petition
for writ of certiorari is denied.
No. 582, Misc. Geoffrey L. M. Steele, petitioner, v. U. S. Immigra-
tion and Naturalization Service
;
No. 586, Misc. Joseph Sgro, petitioner, v. Michael A. Skaff, Acting
Superintendent, Central State Hospital, Waupun, Wisconsin ; and
No. 594, Misc. John M. Holzworth, petitioner, v. Dr. James B.
Pettis, Superintendent, Western State Hospital of Virginia. Motions
for leave to file petitions for writs of habeas corpus denied.
Adjourned until Monday, June 7, next, at 12 o'clock.
X
MONDAY j JUNE 7, 1954 241
SUPREME COURT OP THE UNITED STATES
Present : Mr. Chief Justice Warren, Mr. Justice Black, Mr. JusticeEeed, Mr. Justice Frankfurter, Mr. Justice Douglas, Mr. Justice Jack-
son, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton.
H. Alexander Smith, of Princeton, N. J., and Harry Tyson Carter,
of Norristown, Pa., on motion of Mr. Vice President Richard M.Nixon; Joseph A. Barry, of Arlington, Va., Harold Birns, of NewYork, N. Y., and William White Oliver, of Bloomington, Ind., on
motion of Mr. Solicitor General Simon E. Sobeloff ; James Davies
Williams, Jr., of Portsmouth, Ohio, and Thomas E. Shroyer, of Bowl-
ing Green, Ohio, on motion of Mr. John W. Bricker;Raymond Wal-
lace Glasgow, of Heflin, Ala., on motion of Mr. John Sparkman ; Carter
Goode, of Atlanta, Ga., and Robert H. Corley, of Atlanta, Ga., on
motion of Mr. Jas. C. Davis; Philip S. Pollock, of Powersville, Mo.,
Joe Samuel Wallace, of El Reno, Okla., and Paul Connole, of Great
Falls, Mont., on motion of Mr. Edmond A. Edmondson, Jr. ; RomanIvan S. Smook, of Chicago, 111., on motion of Mr. Edgar A. Jonas;
Harry J. Chadderton, of Miami, Fla., on motion of Mr. W. C. Lantaff
;
Lee S. Jones, of Louisville, Ky., and Raymond K. Perkins, of Con-
cord, N. H., on motion of Mr. Henry P. Chandler ; Robert L. Farring-
ton, of Washington, D. C, on motion of Mr. Page Belcher ; EdwardM. Rudolph, of Albertville, Ala., and Walter I. Horlick, of Boston,
Mass., on motion of Mr. Albert M. Kuhfeld; Dorothy Favreau
Fardon, of Kansas City, Mo., on motion of Mr. James P. Kem; James
P. Donovan, of New York, N. Y., on motion of Mr. Robert L. Stern
;
Francis McHale, of Jacksonville, Fla., on motion of Mr. James R.
Golden; Snyder J. King, of Seattle, Wash., on motion of Mr. John
H. Pickering; Virginia Guild Watkin, of Washington, D. C, on
motion of Mr. Stanley L. Temko; John Stuart Dwinell, of Brooklyn,
N. Y., and Robert Eldridge Seiler, of Joplin, Mo., on motion of
Mr. Richard F. Ralph, Jr.;George L. Farr, of Cherokee, Iowa, on
motion of Mr. William J. Houston; James Edgar McDonald, of
New York, N. Y., on motion of Mr. Robert D. Brooks; W. Oliver
Rasch, of Bonne Terre, Mo., on motion of Mr. Tom Bellis ; Arthur
Vinograd, of New York, N. Y., on motion of Mr. Walter William
Burns, Jr. ; Frederick M. Haden, of Richmond, Va., on motion of
Mr. Edward N. Logan; Frederick W. Winkelmann, of Washington,
D. C, on motion of Mr. H. Douglas Weaver; John LaFayette Scott,
of Milwaukee, Wis., and David Richard Lewis, of St. Petersburg,
Fla., on motion of Mr. Edward J. Taggart; Philip H. Sheridan, of
269533—54 69
MONDAY, JUNE 7, 1954 242
Washington, D. C, on motion of Mr. John M. Mason; GeorgeBerkeley Young, of Chicago, 111., on motion of Mr. Randolph E.
Paul; Morris Monsees Seydel, of Washington, D. C, and RobertRodney Marsh, of Geneva, Ohio, on motion of Mr. Wesley C. Blake
;
J. Taylor Buckley, of Philadelphia, Pa., on motion of Mr. Orville
H. Walburn; Francis L. Coyle, of Washington, D. C, and SamuelHoward Larcombe, of Silver Spring, Md., on motion of Mr. Philip
R. Collins; William Egan Whalen, of Norfolk, Conn., on motion of
Mr. Sherry Basil Myers; Vincent H. D. Abbey, of Seattle, Wash.,
and Aaron D. Samuels, of Farmingdale, N. Y., on motion of Mr.Willard H. Shaffer; W. Jerrold Scoutt, Jr., of Washington, D. C,and John J. Myers, Jr., of Washington, D. C, on motion of Mr.
Eugene F. Bogan; John W. Simpson, of Los Angeles, Calif., on
motion of Mr. Oral D. Ozment; Kelley Litteral, of Silver Spring,
Md., Harold T. Grier, of Silver Spring, Md., and Francis H. Far-
rell, of Boston, Mass., on motion of Mr. James C. Gregg; JohnFritchle Lukens, of Washington, D. C, on motion of Mr. Nicholas
E. Allen ; Charles Tignor Duncan, of Washington, D. C, on motion
of Mr. Aubrey E. Robinson, Jr. ; James A. Dooley, of Chicago, 111.,
on motion of Mr. Frank Joseph Delaney; Walter E. Alessandroni,
of Philadelphia, Pa., on motion of Mr. Herbert J. Jacobi;Joseph V.
Matatia, of New York, N. Y., on motion of Mr. Michael J. Kunstler
;
Goble D. Dean, of Miami, Fla., on motion of Mr. Stephen F. Dunn;Jean F. Williams, of Chicago, 111., on motion of Mr. Roy Clayton
Garvin; James A. Turley, Jr., of New Rochelle, N. Y., on motion of
Mr. Harry A. Poth, Jr.; John O'Connell FitzGerald, of Chicago,
111., on motion of Mr. Abraham J. Harris; John R. Nelligan, of
Valhalla, N. Y., on motion of Mr. George Morris Fay; Adolph D.
Pavlicek, of Houston, Tex., on motion of Mr. Arthur C. Perry ; and
Luella Alice Huggins, of Kerman, Calif., on motion of Mr. Eric
Daenecke, were admitted to practice.
No. 280. Phillips Petroleum Company, petitioner, v. State of Wis-
consin et al.;
No. 281. State of Texas et al., petitioners, v. State of Wisconsin et
al. ; and
No. 418. Federal Power Commission, petitioner, v. State of Wis-
consin, Public Service Commission of Wisconsin, et al. On writs of
certiorari to the United States Court of Appeals for the District of
Columbia Circuit. Judgment affirmed and cases remanded to the
Court of Appeals. Opinion by Mr. Justice Minton. Concurring
opinion by Mr. Justice Frankfurter. Dissenting opinion by Mr.
Justice Douglas. Dissenting opinion by Mr. Justice Clark in which
Mr. Justice Burton concurs. Mr. Justice Jackson took no part in the
consideration or decision of these cases.
MONDAY, JUNE 7, 195 4 243
No. 188. United Construction Workers, Affiliated with United MineWorkers of America, et al., petitioners, v. Laburnum Construction
Corporation. On writ of certiorari to the Supreme Court of Appealsof Virginia. Judgment affirmed with costs. Opinion by Mr. Justice
Burton. Dissenting opinion by Mr. Justice Douglas in which Mr.Justice Black concurs. Mr. Justice Jackson took no part in the con-
sideration or decision of this case.
No. 480. Secretary of Agriculture of the United States, appellant,
v. United States of America, Interstate Commerce Commission, TheBaltimore & Ohio Railroad Company, et al. ; and
No. 481. Florida Citrus Commission, Growers and Shippers Leagueof Florida, et al., appellants, v. United States of America, Interstate
Commerce Commission, The Baltimore & Ohio Railroad Company,et al. Appeals from the United States District Court for the Southern
District of Florida. Judgment vacated and cases remanded to the
District Court with directions to remand to the Interstate CommerceCommission for further proceedings not inconsistent with the opinion
of this Court. Opinion by Mr. Justice Frankfurter. Dissenting:
The Chief Justice, Mr. Justice Black, and Mr. Justice Douglas. Mr.
Justice Jackson took no part in the consideration or decision of these
cases.
No. 32. United States of America, appellant, v. Robert M. Harriss
et al. Appeal from the United States District Court for the District
of Columbia. Judgment reversed and case remanded to the District
Court for further proceedings not inconsistent with the opinion of
this Court. Opinion by Mr. Chief Justice Warren. Dissenting
opinion of Mr. Justice Douglas in which Mr. Justice Black concurs.
Dissenting opinion by Mr. Justice Jackson. Mr. Justice Clark took
no part in the consideration or decision of this case.
No. 431. Bruce G. Barber, District Director, Immigration and
Naturalization Service, San Francisco, California, petitioner, v. Pedro
Gonzales. On writ of certiorari to the LTnited States Court of Appeals
for the Ninth Circuit. Judgment of the Court of Appeals affirmed
and case remanded to the United States District Court for the North-
ern District of California. Opinion by Mr. Chief Justice Warren.
Dissenting opinion by Mr. Justice Minton in which Mr. Justice Reed
and Mr. Justice Burton join.
The Chief Justice said:
"The orders of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be announced orally."
No. 706. Hayes Freight Lines, Inc., appellant, v. Latham Castle,
Attorney General of the State of Illinois, et al. Appeal from the
Supreme Court of Illinois;
MONDAY, JUNE 7, 1954 244
No. 716. National Surety Corporation, appellant, v. Louis WilburnMcDowell. Appeal from the Court of Appeal of Louisiana, First
Circuit ; and
No. 771. Cavalier Vending Corporation, etc., et al., appellants, v.
The State Board of Pharmacy, etc., et al. Appeal from the SupremeCourt of Appeals of Virginia. Per Curiam: The motions to dismiss
are granted and the appeals are dismissed for the want of a sub-
stantial federal question.
— R. A. Irwin, movant, v. Eailroad Commission of Texas andStanolind Oil and Gas Company. The application for a stay,
referred to the Court by Mr. Justice Black, is denied.
No. 5, Original. October Term, 1950. The State of New Jersey,
complainant v. The State of New York and the City of New Yorket al. The report of the Special Master is received, ordered filed andapproved, and an amended decree is entered as recommended.
No. 5, Original. October Term, 1950. The State of New Jersey,
complainant, v. The State of New York and the City of New Yorket al. An order is entered fixing the compensation of the Special
Master and allowing his expenses.
No. 550. Max R. Morris, Deceased, appellant, v. Andrew Parker,
John A. Remon, James E. Colliflower, et al. The motion to substitute
Samuel Berman and Solomon H. Feldman, executors of the estate of
Max R. Morris, deceased, as parties appellant, is granted.
No. 67. Julius Emspak, petitioner, v. United States of America.
This case is ordered restored to the docket for reargument.
No. 66. Thomas Quinn, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit granted. The case is consoli-
dated for argument with No. 67, and one and one half hours are
allowed to each side.
No. 510. David Friedberg, petitioner, v. United States of America.
Petition for rehearing granted. The order denying certiorari is
vacated and petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit granted.
No. 577. United States of America, petitioner, v. Edward B. Cal-
deron. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit granted.
No. 650. Marion L. Holland and Ethel E. Holland, petitioners, v.
United States of America. Petition for writ of certiorari to the United
States Court of Appeals for the Tenth Circuit granted.
MONDAY, JUNE 7, 1954 245
No. 691. Bessie B. Cox and John G. Thompson, as Administratorsof the Estate of Sid Cox, Deceased, et al., petitioners, v. Arthur Roth,as Administrator of the Estate of James Dean, Deceased. Petition for
writ of certiorari to the United States Court of Appeals for the FifthCircuit granted.
No. 696. The Tee-Hit-Ton Indians, as Identifiable Group of
Alaska Indians, petitioner, v. The United States. Petition for writ
of certiorari to the United States Court of Claims granted.
No. 697. Latham Castle, Attorney General of the State of Illinois,
et al., petitioners, v. Hayes Freight Lines, Inc. Petition for writ of
certiorari to the Supreme Court of Illinois granted.
No. 710. Federal Power Commission, petitioner, v. Colorado Inter-
state Gas Company. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Tenth Circuit granted.
No. 725. Association of Westinghouse Salaried Employees, peti-
tioner, v. Westinghouse Electric Corporation. Petition for writ of
certiorari to the United States Court of Appeals for the Third Circuit
granted.
No. 726. Daniel Smith, petitioner, v. United States of America.
Petition for writ of certiorari to the United States Court of Appealsfor the First Circuit granted.
No. 747. Odom Farrell Sullivan, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the Tenth Circuit granted.
No. 730. Michael J. Regan, petitioner, v. The People of the State
of New York. Petition for writ of certiorari to the Court of Appeals
of New York granted.
No. 719. William J. Opper, petitioner, v. United States of Amer-ica. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit granted limited to questions 3, 4, and 5
presented by the petition for the writ which read as follows
:
"3. Whether, where an admission is made to law enforcement officers
after the date of the acts charged as crimes, it is to be so far treated
as a confession that, in the absence of corroboration, it is inadmissible.
"4. Whether a conviction can be sustained where there is, apart from
an admission made to law enforcement officers after the date of the
acts charged as crimes, no proof of the corpus delecti.
"5. Whether, in convicting petitioner the jury, and in sustaining his
conviction the court below, in fact admitted, as against him, state-
ments of his codefendant which, as a matter of law, were not com-
petent evidence against him."
The case is assigned for argument immediately following No. 726.
No. 5, Misc. Philip Bart, petitioner, v. United States of America.
Motion for leave to proceed in forma pauperis granted. Petition for
269533^54 70
MONDAY, JUNE 7, 1954 246
writ of certiorari to the United States Court of Appeals for the Dis-
trict of Columbia Circuit granted and case transferred to the appellate
docket and assigned for argument immediately following No. 66.
No. 279, Misc. Carlos Alvarez Garcia, petitioner, v. H. R. Landon,District Director, Immigration and Naturalization Service. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit granted and case transferred to the appellate docket
and placed on the summary docket.
No. 290, Misc. O'Neal Massey, petitioner, v. H. E. Moore, Warden.Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit. Motion for leave to proceed in forma pauperis
granted. Petition for writ of certiorari granted and case transferred
to the appellate docket and placed on the summary docket.
No. 481, Misc. Jeremiah Reeves, Jr., petitioner, v. State of Ala-
bama. Petition for writ of certiorari to the Supreme Court of
Alabama ; and
No. 545, Misc. L. L. Moore, petitioner, v. Mead's Fine Bread Com-pany. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit. Motions for leave to proceed in forma
pauperis granted. Petitions for writs of certiorari granted and cases
transferred to the appellate docket.
No. 164. Hy Goldbaum, George Capri, and Edward Cooke, peti-
tioners, v. United States of America
;
No. 259. Thomas W. Banks, petitioner, v. United States of Amer-
ica; and
No. 414. Austin F. McFee, petitioner, v. United States of America.
The orders denying certiorari in these cases are vacated and the
cases are restored to the docket.
No. 622. David H. Mitchell, petitioner, v. United States of Amer-
ica. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 651. C. Leon deAryan, petitioner, v. John D. Butler, as Mayor
of the City of San Diego, California, et al. Petition for writ of cer-
tiorari to the District Court of Appeal of California, Fourth Appel-
late District, denied.
No. 690. Thomas Kenneth Wolfe, petitioner, v. Charles M. Taska.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 702. The Nebraska Seed Company (Transferor in Reorganiza-
tion with United Seeds, Inc.) et al., petitioners, v. The United States.
Petition for writ of certiorari to the United States Court of Claims
denied.
MONDAY, JUNE 7, 1954 247
No. 704. James Shay and Susie V. Brown, petitioners, v. UnitedStates of America. Petition for writ of certiorari to the UnitedStates Court of Appeals for the District of Columbia Circuit denied.
No. 707. Harold Maxwell et al., petitioners, v. Commissioner ofInternal Revenue. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Fourth Circuit denied.
No. 709. Stewart-Jordan Distributing Company, Inc., petitioner,
v. James P. Mitchell, Secretary of Labor, United States Departmentof Labor. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied.
No. 711. Ealph G. Lemke, petitioner, v. United States of America.Petition for writ of certiorari to the United States Court of Appealsfor the Ninth Circuit denied.
No. 721. The Pilgrim Holiness Church Corporation, a Corpora-tion, petitioner, v. James P. Mitchell, Secretary of Labor, UnitedStates Department of Labor. Petition for writ of certiorari to the
United States Court of Appeals for the Seventh Circuit denied.
No. 722. Mary D. Cain and Mary Lou Butler, petitioners, v. TheUnited States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 723. Charles T. Fisher, petitioner, v. Commissioner of Internal
Revenue. Petition for writ of certiorari to the United States Courtof Appeals for the Sixth Circuit denied.
No. 724. James J. Breslin, petitioner, v. The People of the State of
New York. Petition for writ of certiorari to the Court of Appeals of
New York denied.
No. 737. The Maryland Jockey Club of Baltimore City, petitioner,
v. United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit denied.
No. 739. The Employers' Liability Assurance Corporation, Ltd.,
petitioner, v. V. J. Mitchell and Vola Evelyn Pullen. Petition for
writ of certiorari to the United States Court of Appeals for the Fifth
Circuit denied.
No. 743. J. W. Boyt, Estate of Paul A. Boyt, Deceased, by Dorothy
F. Boyt, et al., petitioners, v. Commissioner of Internal Revenue. Pe-
tition for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 744. Thomas J. Vandyke, petitioner, v. Bluefield Gas Com-pany, a Corporation. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 746. Frances Elizabeth Bekins, a Minor, Charles Romick,
Guardian of the Estate of Frances Elizabeth Bekins, a Minor, et al.,
petitioners, v. Bekins Van and Storage Company et al. Petition for
MONDAY, JUNE 7, 1954 248
writ of certiorari to the United States Court of Appeals for the FifthCircuit denied.
No. 748. E. Merl Young, petitioner, v. United States of America.Petition for writ of certiorari to the United States Court of Appealsfor the District of Columbia Circuit denied.
No. 756. S. Jacob Sens, petitioner, v. United States of America.Petition for writ of certiorari to the United States Court of Appealsfor the Sixth Circuit denied.
No. 758. Virgil D. Willis, petitioner, v. United States of America.Petition for writ of certiorari to the United States Court of Appealsfor the Eighth Circuit denied.
No. 770. The Dixie Terminal Company, petitioner, v. NationalLabor Relations Board. Petition for writ of certiorari to the UnitedStates Court of Appeals for the Sixth Circuit denied.
No. 772. Lake Ontario Land Development and Beach Protection
Association, Inc., petitioner, v. Federal Power Commission et al.
Petition for writ of certiorari to the United States Court of Appealsfor the District of Columbia Circuit denied.
No. 773. Joseph Lombardi et al., Trading as Joseph Lombardi andSons, petitioners, v. John R. Keefer et al. Petition for writ of certi-
orari to the Supreme Court of Pennsylvania, Eastern District, denied.
No. 779. Mission Corporation, petitioner, v. Isadore Blau, a Stock-
holder of Tide Water Associated Oil Company, etc., et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied.
No. 664. Anthony J. Cella, petitioner, v. United States of Americaand Ezra Taft Benson, Secretary of Agriculture of the United States
;
and
No. 782. Morris J. Meyer, petitioner, v. United States of America,
and Ezra Taft Benson, Secretary of Agriculture of the United States.
Motion in No. 664 to dispense with printing record granted. Peti-
tions for writs of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 681. The State of California, petitioner, v. The United States.
Petition for writ of certiorari to the United States Court of Claims
denied. The Chief Justice took no part in the consideration or de-
cision of this application.
No. 699. Arnold Joseph Wagner, petitioner, v. The State of Wash-ington. Motion to dispense with printing petition and record granted.
Petition for writ of certiorari to the Supreme Court of Washington
denied.
No. 736. Gretchen McRae, petitioner, v. Tighe E. Woods, Acting
Expediter, Office of Housing Expediter. Motion to dispense with
MONDAY, JUNE 7, 195 4 249
printing petition and record granted. Petition for writ of certiorari
to the United States Court of Appeals for the Tenth Circuit denied.
No. 797. Pherne N. Miller, petitioner, v. Charles E. Thorn andKatherine S. Thorn, his wife. Motion to dispense with printing peti-
tion and record granted. Petition for writ of certiorari to the UnitedStates Court of Appeals for the District of Columbia Circuit denied.
No. 701. Dora Lee Bowman, Administratrix of the Estate of FredE. Bowman, etc., petitioner, v. Joanne W. Bowman. Motion to dis-
pense with printing record granted. Petition for writ of certiorari
to the Supreme Court of Georgia denied.
No. 718. Omri E. Daniels, Jr., Barge Hiskey and Bentley M.McMullin, petitioners, v. C. Sewell Thomas. Motion to proceed ontypewritten record granted. Petition for writ of certiorari to theSupreme Court of Colorado denied.
No. 112, October Term, 1952. Morton Sobell, petitioner, v. TheUnited States of America. Motion for leave to file a second petition
for rehearing denied. The Chief Justice took no part in the consid-
eration or decision of this application.
No. 381. State Corporation Commission of the State of Kansas,
Petitioner, v. Federal Power Commission ; and
No. 382. Northern Natural Gas Company, petitioner, v. Federal
Power Commission
;
No. 648. Lester Brand and Mary Brand, petitioners, v. Commis-sioner of Internal Revenue
;
No. 264, Misc. Charles Franklin Johnson, petitioner, v. The State
of Illinois
;
No. 442, Misc. Robert Edward Lipscomb, petitioner, v. United
States of America
;
No. 502, Misc. Gerhard A. Puff, petitioner, v. United States of
America; and
No. 535, Misc. Eleanor C. Moran, petitioner, v. Jesse Donaldson et
al. Petitions for rehearing denied.
No. 5, Misc. October Term, 1952. In re Disbarment of Abraham
J. Isserman. The petition for rehearing is continued.
No. 115, Misc. Walter Galloway, petitioner, v. Alfred F. Dowd, as
Warden of the Indiana State Prison. Petition for writ of certiorari
to the United States Court of Appeals for the Seventh Circuit denied
without prejudice to petitioner to initiate a new proceeding alleging
refusal to allow an appeal.
MONDAY, JUNE 7, 1954 250
No. 284, Misc. Anthony Corpolongo, petitioner, v. E. WilliamLegay, Superintendent of New Jersey State Prison Farm, #2. Peti-
tion for writ of certiorari to the Supreme Court of New Jersey denied.
No. 297, Misc. Ray Slechta, petitioner, v. People of the State of
Illinois. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 343, Misc. Marie Lucinda Eichardson, petitioner, v. UnitedStates of America. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
No. 345, Misc. Gerald C. Broussard, petitioner, v. John E. Cranor,
Superintendent. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 414, Misc. Allen Williams, petitioner, v. United States of
America; and
No. 415, Misc. Edward Atkins, Leon James, Eandolph Turner,
petitioners, v. United States of America. Petitions for writs of
certiorari to the United States Court of Appeals for the District of
Columbia Circuit denied.
No. 456, Misc. Marguerite Elizabeth Fredericks, petitioner, v.
United States of America. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied. Mr.
Justice Black and Mr. Justice Douglas are of the opinion certiorari
should be granted.
No. 468, Misc. Fred Leonard Bringazi, petitioner, v. Ealph N. Eid-
son, Warden. Petition for writ of certiorari to the Supreme Court
of Missouri denied.
No. 472, Misc. Lawrence E. Seymour, petitioner, v. State of NewYork. Petition for writ of certiorari to the Appellate Division of
the Supreme Court of New York, Third Judicial Department, denied.
No. 509, Misc. Eodney F. Wheeler, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Court
of Appeals for the District of Columbia Circuit denied.
No. 523, Misc. Barry Jacobs and John Dale Green, petitioners, v.
People of the State of New York. Petition for writ of certiorari to
the Court of Appeals of New York denied. Mr. Justice Douglas is
of the opinion certiorari should be granted.
No. 541, Misc. Maurice Allen, petitioner, v. Joseph E. Eagen,
Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 542, Misc. Eichard Manfredonia and Lawrence Carrado, peti-
tioners, v. United States of America. Petition for writ of certiorari
to the United States Court of Appeals for the District of Columbia
Circuit denied.
MONDAY, JUNE 7, 1954 251
No. 544, Misc. Edward A. Kussell, petitioner, v. United States ofAmerica. Petition for writ of certiorari to the United States Courtof Appeals for the Fourth Circuit denied.
No. 575, Misc. Henry Hughes, petitioner, v. Robert A. Heinze,
Warden. Petition for writ of certiorari to the Supreme Court of
California denied.
No. 577, Misc. Fred Tate, petitioner, v. People of the State of Cali-
fornia. Petition for writ of certiorari to the Supreme Court of Cali-
fornia denied.
No. 589, Misc. William A. Neigut, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied.
No. 592, Misc. Thomas White Gore, petitioner, v. United States of
America. Petition for writ of certiorari to the United States Courtof Appeals for the Sixth Circuit denied.
No. 606, Misc. Hilliard Sanders, petitioner, v. Edwin B. Swope,Warden. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 607, Misc. William Miller, petitioner, v. Eoss V. Randolph,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 608, Misc. Henry J. Glover and William Nelson Beck, peti-
tioners, v. State of North Carolina. Petition for writ of certiorari
to the Supreme Court of North Carolina denied.
No. 611, Misc. Jerry Jerome, petitioners, v. People of the State of
New York. Petition for writ of certiorari to the Court of Appeals
of New York denied.
No. 612, Misc. Edward F. Jackson, Jr., petitioner, v. United States
of America. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
No. 613, Misc. Arthur Wright, petitioner, v. Joseph E. Ragen,
Warden. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
No. 614, Misc. Virgil Johnson, petitioner, v. O. B. Ellis, General
Manager of the Texas State Penitentiary. Petition for writ of cer-
tiorari to the Court of Criminal Appeals of Texas denied.
No. 615, Misc. Leland Ferre, petitioner, v. Ross V. Randolph,
Warden. Petition for writ of certiorari to the Supreme Court of
Illinois denied.
No. 616, Misc. Wilbur Williams, petitioner, v. People of the State
of Illinois. Petition for writ of certiorari to the Criminal Court of
Cook County, Illinois, denied.
MONDAY, JUNE 7, 1954 252
No. 618, Misc. Robert B. Fiester, petitioner, v. Joseph E. Eagen,
Warden. Petition for writ of certiorari to the Circuit Court of Iro-
quois, Illinois, denied.
No. '314, Misc. Raleigh Raymond Wheatley, petitioner, v. Hon.Michael L. Igoe, U. S. District Judge, etc. Motion for leave to file
petition for writ of mandamus denied without prejudice to petitioner
to apply to the United States Court of Appeals for a writ of
mandamus.
No. 620, Misc. Tony Johnson, petitioner, v. Hon. Allen B. Hannay,Judge, U. S. District Court. Motion for leave to file petition for writ
of mandamus denied.
No. 573, Misc. Ambrose J. Frazier, petitioner, v. Warden, Lewis-
burg Penitentiary ; and
No. 621, Misc. Ex parte Gunter Robert Herz. Motions for leave
to file petitions for writs of habeas corpus denied.
No. 610, Misc. Harley V. Hurst, petitioner, v. C. H. Looney,
Warden. Motion for leave to file petition for writ of certiorari
denied.
The Chief Justice announced the following order of the Court
:
"All cases submitted and all business before the Court at this term
in readiness for disposition having been disposed of,
"It is ordered by this Court that all cases on the docket be, and they
are hereby, continued to the next term."
Adjourned to the time and place appointed by law.
X